Assembly Bill 2499 (AB 2499), which took effect on January 1, 2025, broadens previous requirements on how California employers treat employees who are victims of violence or who are the family members of victims. The new law broadens previous requirements and introduces several key changes for employers, including:
- An expanded definition of “victim”
- Reasonable accommodations for employees who are family members of victims
- The right to take leave for family members of victims (for employers with 25 or more employees)
- Greater access to paid sick leave
- New notice requirements for employers
Expanded Definition of “Victim”
AB 2499 now defines a “victim” as any individual subjected to a “qualified act of violence.” This includes domestic violence, sexual assault, stalking, violent threats, acts involving the use or presence of a dangerous weapon, or any act of violence resulting in injury.
Reasonable Accommodation for Family Members of Victims
All employers are required to provide reasonable accommodations not only for employees who are victims, but also for employees who are family members of victims. These accommodations are intended to ensure the safety of affected employees at work. The extension of this right to family members of victims is a significant change under AB 2499.
Leave Rights for Victims and Family Members (Employers with 25+ Employees)
Employers with 25 or more employees must now extend the same leave protections previously available to victims to family members of victims as well.
Employees who are victims or family members of victims may take leave to:
- Participate in safety planning or in any court proceedings related to the act of violence
- Provide care for a child or dependent adult following an act of violence
- Assist a family member in obtaining medical attention, psychological counseling, legal services, temporary or permanent housing, childcare, or services from a domestic violence shelter/program, rape crisis center, or victim services organization/agency
Employers may limit the total leave to 12 weeks. However, if the employee is not a victim and their family member is not deceased an employer may limit the amount of leave taken between 5 and 10 days depending on the reason for the leave. Employers may designate this leave under the Family and Medical Leave Act (FMLA) and/or the California Family Rights Act (CFRA), provided the employee is eligible and meets the requirements for those leave entitlements.
Expanded Access to Paid Sick Leave
Previously, paid sick leave was required only for employees who were victims of domestic violence, sexual assault, or stalking. AB 2499 expands this right, allowing employees who qualify as “victims” under the new definition—and employees who are family members of victims—to take paid sick leave for any of the reasons permitted by AB 2499.
New Notice Requirements
Employers must provide each employee with written notice of their expanded rights established under this new bill. This notice must be provided in four instances:
- To new employees upon hire
- To all employees annually
- Upon request by any employee
- Any time an employee notifies the employer that they or their family member is a victim of violence
Employers may use the California Civil Rights Department (CRD)’s model notice, or create their own notice that is substantially similar in substance and clarity.
Next Steps for Employers
- Review the CRD’s model notice and determine if it meets your needs. If not, draft a notice that is substantially similar.
- Incorporate the notice into onboarding materials for new hires.
- Train supervisors and managers on the expanded employee rights under AB 2499, including how to respond to requests for leave or accommodation.
- Update employee handbooks and relevant company policies to ensure compliance.
Written with the assistance of Susie Park, a summer associate in Husch Blackwell’s Oakland office.
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