Update Applicable to:	Effective date
All employers in California	January 1, 2025

What happened?

On September 29, 2024, the governor of California signed AB 2499, which expands the events under which employees can take time off.

Quick Summary:

• Expands protections for employees who are victims of certain crimes or have family members who are victims, allowing them to take protected time off and use state paid sick leave for these purposes.

• It requires employers to provide written notice of these rights and moves relevant provisions to the California Fair Employment and Housing Act for better enforcement.

What are the details?

Background:

• Before AB 2499, California law protected employees from discrimination or retaliation when taking time off for jury duty, court appearances, or if they were victims of crime or abuse.

• California has long protected employees who are victims of certain crimes, allowing them to take time off and receive accommodation.

• Labor Code sections 230 and 230.1 prohibit discrimination against these employees and require reasonable accommodations, while section 246.5 mandates paid sick leave for victims of domestic violence, sexual assault, or stalking.

Key points:

• California Assembly Bill 2499 expands protections for employees who are victims of “qualifying acts of violence” (QAV), including domestic violence, sexual assault, stalking, and other violent acts.

• Employers must allow employees to use vacation, paid sick leave, personal leave, or other available time off, and provide reasonable accommodations, which may include unscheduled time off.

• These provisions are now part of the California Fair Employment and Housing Act (FEHA) and can be enforced by the Civil Rights Division.

• Employers must provide written notice of these rights to new hires, annually to all employees, upon request, and whenever they become aware that an employee or their family member is a victim.

• The law prohibits retaliation or discrimination against employees who take time off for legal processes, such as serving on a jury, appearing in court, or obtaining restraining orders.

• For employers with 25 or more employees, additional protections include allowing time off for medical attention, psychological counseling, safety planning, relocation, and other related activities.

• The total leave time can be limited to 12 weeks for employees and 10 days for family members, with some exceptions.

• This leave runs concurrently with the California Family Rights Act (CFRA) and the federal Family Medical Leave Act (FMLA).

Business Considerations

• Employers should provide written notice of these rights to new hires, annually to all employees, upon request, and whenever they become aware that an employee or their family member is a victim.
• Employers should:
  (1) update policies to include expanded protections, allowing the use of vacation, paid sick leave, personal leave, or other available time off, and reasonable accommodations, including unscheduled time off,
  (2) prohibit retaliation or discrimination against employees who take time off and
  (3) Ensure compliance with the California Fair Employment and Housing Act (FEHA), as these provisions are enforceable by the Civil Rights Division.
• Employers should train managers to promptly gather information about missed shifts, document the reasons, and escalate to Human Resources to ensure time off reasons are not protected before issuing discipline.
• Employers with 25 or more employees should provide additional protections, including allowing time off for medical attention, psychological counseling, safety planning, relocation, and other related activities.
• Employers should consider limiting the total leave time to 12 weeks for employees and 10 days for family members, with some exceptions, and ensure this leave runs concurrently with the California Family Rights Act (CFRA) and the federal Family Medical Leave Act (FMLA).

Source References

• CA AB 2499 

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