New California Labor Law Addresses Leave When Employees or Their Family Members Are Victims of Crime
Last month we looked at some of the many new employment laws going into effect for 2025 (see New Year, New Labor and Employment Laws, posted January 12, 2025). One of the laws we talked about deserves a closer look. Read on as we take a deeper dive into AB 2499, which makes it an unlawful employment practice to discriminate against crime victims who take time off from work to appear in court or otherwise participate in a case they are involved in. If you are a Bay Area employer or employee facing employment discrimination issues at work, contact attorney Richard Koss to visit with a knowledgeable and experienced San Francisco employment law attorney.
AB 2499 – Employment: unlawful discrimination and paid sick days: victims of violence (2023-2024)
As we noted last month, California law currently allows victims of crime or abuse to take time off from work to appear in court as a witness in their case. Employees cannot be fired or discriminated against for doing so, and employers must provide reasonable accommodations for victims of domestic violence, sexual assault, or stalking, who request an accommodation for safety at work.
Assembly Bill 2499 (AB 2499) is an extensive piece of legislation reinforcing existing law and adding new requirements in this area that employers and employees alike need to be aware of. The bulk of changes wrought by AB 2499 can be found in section 12945.8 of the Government Code, which is a new section of law added by the bill. Following is a breakdown of the major provisions of AB 2499 that have now been codified into California law:
Employees Who Are Crime Victims
It is illegal to discharge an employee or in any way discriminate against them for taking time off to serve on a jury, so long as the employee gives reasonable notice to the employer.
It is illegal to fire, discriminate against or retaliate against an employee for taking time off to appear in court to comply with a subpoena or court order as a witness. This specifically includes employees who are crime victims as well as other employees.
It is illegal to fire, discriminate against or retaliate against an employee who is a victim for taking time off from work “to obtain or attempt to obtain any relief.” This means, for example, getting a restraining order for themselves or their child.
Interfering with an employee in their exercise of rights under the law is an unlawful employment practice.
Employees With Family Members Who Are Crime Victims
While the above applies to all employers and employees who are crime victims, the law also protects employees who have family members who are crime victims, but these antidiscrimination provisions apply only to employers with 25 or more employees. These employers may not fire, discriminate against or retaliate against an employee who is a victim or who has a family member who is a victim who takes time off from work for a number of specified reasons, including:
- Getting a restraining order to protect the victim’s family
- Helping a family member get medical attention or recover from injuries caused by a qualifying act of violence
- Helping a family member get services from a domestic violence shelter, rape crisis center, or other victims services agency
- Helping a family member get psychological counseling or mental health services
- Relocating
- Caring for an injured family member
- Getting legal help
- Preparing for, participating in, or attending a related legal proceeding
- Getting or providing childcare or care to a care-dependent adult if necessary to ensure their safety
“Family member” is defined to include a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner. A “qualifying act of violence” is also defined in the law. It includes domestic violence; sexual assault; stalking; conduct that causes bodily injury or death; brandishing a firearm or dangerous weapon against a person; or making a reasonably perceived or actual threat of force against another to cause them physical injury or death.
In general, the employer can limit the employee’s time off under the law to 12 weeks, although it may be limited to only five or ten days for certain purposes specified in the law. If otherwise available, employees can use vacation, personal leave, paid sick leave, or compensatory time off, for time taken off as a crime victim. Likewise, the employer can require this time off to count against the 12 weeks of annual unpaid leave afforded by the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA) to eligible employees. In some cases, such as if the employee or family member has a serious health condition due to the crime or abuse, FMLA/CFRA may run concurrently with time taken off under the new law.
Reasonable Accommodation
An employee who is a crime victim or has a family member who is a crime victim asks for reasonable accommodation for safety at work, the employer must provide it. Similar to requests for accommodation of a disability under the ADA, the employer is required to engage in a “timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.” Also like the ADA, the employer is not required to accept an accommodation request that would cause an “undue hardship” on the employer’s business.
The law provides a long list of examples that could qualify as reasonable accommodation, such as:
- Implementation of safety measures or procedures
- Transfer
- Reassignment
- Modified work schedule
- Changed work telephone number
- Permission to carry a cell phone at work
- Changed workstation
- Lock installation
Notice Requirements
Whenever feasible, the employee must give the employer “reasonable advance notice” of their intention to take time off.
Employers for their part shall inform each employee of their rights under the law in writing. Notice shall be given to new employees upon hire and to all employees annually, as well as to any employee at any time upon request, or whenever an employee informs their employer that the employee or a family member is a victim of crime or abuse. The government is providing a form that employers can give to employees or post at the workplace.
If the employee takes an unscheduled absence, the employee can escape disciplinary action by providing certification that the absence was covered under the law. Certification could include a police report, court order, or doctor’s note, for example.
The employer should maintain confidentiality regarding the employee’s leave request.
The protections of the law apply if the employee notifies the employer of their crime victim status or if the employer has actual knowledge of the employee’s status.
Contact Attorney Richard Koss for Help With Employment Law in San Francisco
For help with the implementation of new employment laws or any employment law matter as a Bay Area employer or employee, contact employment law attorney Richard Koss to discuss your needs.
