Labor & Employment Law Blog

AB 2499 expanded the scope of existing provisions regarding jury, court, and victim time off, and paid sick leave. The law now covers any “act, conduct or pattern of conduct” that causes bodily injury or death, the brandishing or use of dangerous weapons or a firearm toward another person or threats of force. As before, employers with at least 25 employees have additional obligations under the law, which now include allowing employees to take up to 12 weeks off work if they themselves are a victim of violence or they have lost a loved one to violence. Such employees can also take up to ten days off to help a family member affected by violence, or up to five days off for relocation purposes, according to the CRD.

The law specifically defines a “qualifying act of violence” for which time off may be taken as including domestic violence, sexual assault, stalking, and acts or conduct involving threats of injury or death of use of firearms. Employees may request time off or accommodation when their child, parent, grandparent, sibling, spouse, domestic partner, or designated person experiences such a qualifying act. The guidance also states that an employer cannot discriminate or retaliate against an employee because they or their family members are a victim or a qualifying act of violence.

Employees can use personal or paid time off, vacation, or sick leave during the violence leave, and must give reasonable notice to their employer of the need for the leave. The law will be enforced by the CRD.

The notice, entitled “Survivors of Violence and Family Members of Victims Right to Leave and Accommodations” replaces the “Rights of Victims of Domestic Violence, Sexual Assault, Stalking, Crimes” notice previously published by the California Labor Commissioner.

Copies of the notice and guidance may be obtained at the CRD website.

The notice must be provided to employees when hired, annually, upon request, and to any employee who informs the employer that they are a victim of violence or the family member of a victim of violence.

Employers with questions regarding the leave or required notice may contact the author or their usual contact at AALRR.

This AALRR publication is intended for informational purposes only and should not be relied upon in reaching a conclusion in a particular area of law. Applicability of the legal principles discussed may differ substantially in individual situations. Receipt of this or any other AALRR publication does not create an attorney-client relationship. The Firm is not responsible for inadvertent errors that may occur in the publishing process.

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