The Civil Rights Department has just released the new required notice for California’s Victim-of-Violence Leave (AB 2499) that took effect on January 1, 2025. It layers fresh obligations onto employers, especially those with 25 or more employees, and offers sweeping protections for employees harmed by violence or whose family members are victims. Below is a streamlined guide to help employers with their obligations, which vary depending on the number of employees.
Who is Protected?
- Employees who are victims of a “Qualifying Act of Violence” (QAV) and any employee who has a family member who is a victim of a QAV, which is defined as:
- Domestic violence
- Sexual assault
- Stalking
- An act, conduct, or pattern of conduct that includes any of the following: (i) bodily injury or death to another; (ii) brandishing, exhibiting, or drawing a firearm or other dangerous weapon; or (iii) a perceived or actual threat to use force against another to cause physical injury or death.
A QAV includes the above victim experiences regardless of whether anyone is arrested, prosecuted or convicted of committing any crime.
Family Members and “Designated Persons” mirrors the CFRA definitions: child, parent, grandparent, grandchild, sibling, spouse, domestic partner, or one employee-named “designated person” per 12-month period. A designated person can be someone related by blood, such as an aunt or uncle, or someone who is the equivalent to a family member, such as a best friend.
Employer Coverage
All California employers must provide time off for court appearances and restraining order leave. Broader safety, recovery and caregiver leave kicks in if the employer has more than 25 employees.
Employees may use leave for:
- Safety Planning – develop or carry out steps to prevent future violence.
- Legal Proceedings – prepare for or attend civil, criminal, or administrative hearings.
- Medical & Support Services – obtain medical care, counseling, mental health services, shelter, victim advocacy, or legal aid.
- Family Care – treat injuries, secure safe housing, relocate or engage in the process of securing a new residence due to the QAV (including securing temporary or permanent housing), enroll kids in a new school, or arrange child/dependent-adult care tied to the violence.
How Much Leave?
Advance Notice And Documentation
- Notice: Required “as soon as practicable.”
- No discipline if the employee could not give advance notice but supplies reasonable documentation later (police report, restraining order, doctor’s note, etc.).
Reasonable Accommodations
Employers with 25 or more employees must engage in the interactive process to explore changes such as:
- Transfer or reassignment.
- Modified work schedule or location.
- Changed work telephone.
- Permission to carry telephone at work.
- Changed workstation, installed lock, or security protocol.
- Assistance in documenting domestic violence, sexual assault, stalking, or another QAV that occurs in the workplace.
- An implemented safety procedure, or another adjustment to a job structure, workplace facility, or work requirement in response to domestic violence, sexual assault, stalking, or other QAV.
- Referral to a victim-services organization.
Requests must remain confidential, and accommodations can be declined only if they impose an undue hardship. There are no limits on the type or number of accommodations an employee may request.
Mandatory Notice and FAQ’s
The Civil Rights Department just released the new “Survivors of Violence and Family Members of Victims: Right to Leave and Accommodations” Notice. Employers must:
- Provide it at hire, annually, on request, and whenever an employee discloses victim status.
- Use the state template or a substantially similar version.
Here is the notice Survivors Right to Time Off Notice – English The CRD also published a Frequently Asked Questions (FAQ) on the law.
Anti-Retaliation
It is unlawful to:
- Fire, demote, or discipline an employee for requesting leave or accommodations.
- Treat workers differently because they or their family members are victims of violence.
Key Take Aways
- Policy Update
- Employers should add Victim-of-Violence Leave to their handbook and onboarding packet.
- Align call-in, documentation, and PTO substitution rules.
- Post and Distribute the CRD Notice
- Incorporate into new-hire packets and annual policy refreshes.
AB 2499 significantly broadens California’s safety net for employees touched by violence and puts new compliance and notice requirements on employers. Early policy tweaks, manager training, and proactive communication will keep your organization protected while supporting employees and their family members when they need it most.
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