I am updating our employee handbook and I am confused about the changes to California’s victims’ leave law — what’s new for 2025?
Although victim’s leave is not new for California employers, AB 2499 did revise leave requirements effective January 1, 2025, including by broadening the definition of “victim” under the law and expanding the reasons for which leave may be taken. This expansion has left many employers seeking clarification on the specific changes to the law.
New Definition of ‘Victim’
First, AB 2499 redefined “victim” under the law. Now, victim is defined to mean an individual against whom a “qualifying act of violence” is committed.
A qualifying act of violence includes any of the following (regardless of whether anyone is arrested for, prosecuted for, or convicted of any crime):
- Domestic violence;
- Sexual assault;
- Stalking; or
- An act, conduct, or pattern of conduct where an individual:
- Causes bodily injury or death to another individual;
- Exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual; or
- Uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.
All employers must provide time off for employees who are victims of a qualifying act of violence and need to obtain or attempt to obtain any relief relating to the qualifying act of violence, which can include obtaining a temporary restraining order or other court-ordered relief.
Expanded Reasons for Leave
Employers with 25 or more employees previously had to provide leave to employees who were victims and needed to seek medical treatment, counseling, or other services.
AB 2499 expanded this portion of the law to allow employees to take time off for a broader set of reasons, including obtaining relief, medical attention, or victim services, participating in safety planning, preparing for and participating in legal proceedings, and more.
In addition, employees can take the leave for these reasons either because they or a “family member” is a victim of a qualifying act of violence.
Family member is defined in the law as a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner (as those terms are defined under the California Family Rights Act (CFRA)) or a “designated person.”
A designated person is defined as any individual related by blood or whose association with the employee is the equivalent of a family relationship. Employees can identify a designated person at the time they request leave, and employers can limit employees to one designated person per 12-month period for purposes of this leave.
Expansion of Reasonable Accommodations
AB 2499 also expanded the requirement that employers of all sizes provide reasonable accommodations for an employee who requests an accommodation for their safety while working.
Previously, reasonable accommodations were required only if an employee was a victim. Now, employers also must provide accommodations for an employee whose family member is a victim of a qualifying act of violence.
Change in Responsibility for Enforcement
AB 2499 moved crime victims’ leave from the Labor Code to the Fair Employment and Housing Act (FEHA), which means the California Civil Rights Department (CRD) now has authority to enforce the law.
New Notice Coming
Lastly, AB 2499 includes a notice requirement. The CRD has until July 1, 2025, to publish a form notice (Survivors of Violence and Family Members of Victims Rights Leave and Accommodations) regarding employees’ protections under the law.
Once it is published, employers must provide it: to new employees at hire; to all employees annually; to employees upon request; and when an employee informs the employer that they or a family member is a victim.
California employers should review and update their employee handbooks to ensure they accurately track the changes to Victims’ Leave and Accommodations that went into effect on January 1, 2025.
Column based on questions asked by callers on the Labor Law Helpline, a service to California Chamber of Commerce preferred members and above. For expert explanations of labor laws and Cal/OSHA regulations, not legal counsel for specific situations, call (800) 348-2262 or submit your question at www.hrcalifornia.com.
