California Crime Victims and Family Members of Crime Victims Are Afforded Additional Protections Beginning January 1, 2025

By Laraya Parnell

December 4, 2024

California’s latest legislative cycle resulted in Governor Gavin Newson signing into law Assembly Bill 2499, which offers additional leave protections and accommodations for employees who are victims or employees who are family members of victims of domestic violence, sexual assault, stalking, crimes involving threats of violence or death, or crimes involving deadly weapons.  AB 2499 also affords leave protections for employees performing jury service or appearing in court to comply with subpoenas or other legal proceedings as witnesses.  The new law, which becomes effective January 1, 2025, is now codified in the California Government Code under the Fair Employment Housing Act (FEHA) and will be enforced by the California Civil Rights Department.

Employees Are Now Granted FEHA Protections Against Discrimination and Retaliation as Victims or Family Members of Victims of Crimes.

AB 2499 makes it an unlawful employment practice, under the FEHA, to discriminate or retaliate against:

(a) an employee for taking time off to serve on a jury;

(b) an employee, including an employee who is a victim, for taking time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding;

(c) an employee who is a victim for taking time off from work to obtain or attempt to obtain any relief, including, but not limited to, “a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or their child”; or

(d) (for employers with 25 or more employees) an employee who is a victim, or who has a family member who is a victim, for taking time off from work for any of the following:

1. To obtain or attempt to obtain any relief for the family member. Relief includes, but is not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the family member of the victim.
2. To seek, obtain, or assist a family member to seek or obtain, medical attention for or to recover from injuries caused by a qualifying act of violence.
3. To seek, obtain, or assist a family member to seek or obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of a qualifying act of violence.
4. To seek, obtain, or assist a family member to seek or obtain psychological counseling or mental health services related to an experience of a qualifying act of violence.
5. To participate in safety planning or take other actions to increase safety from future qualifying acts of violence.
6. To relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare.
7. To provide care to a family member who is recovering from injuries caused by a qualifying act of violence.
8. To seek, obtain, or assist a family member to seek or obtain civil or criminal legal services in relation to the qualifying act of violence.
9. To prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence.
10. To seek, obtain, or provide childcare or care to a care-dependent adult if the childcare or care is necessary to ensure the safety of the child or dependent adult as a result of the qualifying act of violence.

When taking time off, employees should give the employer “reasonable advance notice,” unless such notice is not feasible. Further, employers with 25 or more employees will need to comply with certain antidiscrimination, antiretaliation, reasonable accommodation, and paid sick leave requirements with respect to an employee who is a victim, or has a family member who is a victim, of a qualifying act of violence.  Family member for purposes of this statute means a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, or designated person.

What Constitutes a “Qualifying Act of Violence?”

AB2499, now Government Code Section § 12945.8, replaces references to an incident of “crime and abuse” with the term “qualifying act of violence” to encompass the nature of the crimes that are protected under this new legislation.  AB 2499 defines qualifying act of violence to mean any of the following, regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime:

(a) domestic violence;

(b) sexual assault;

(c) stalking; or

(d) an act, conduct, or pattern of conduct in which an individual causes bodily injury or death to another individual, in which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual, or in which an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.

Employers May Limit Time Taken Under This Leave

An employer may limit the total leave taken under this law as follows:

1. where the employee is a victim of a qualifying act of violence, leave is limited to 12 weeks.
2. where an employee’s family member is a victim who is not deceased because of a crime, and leave is taken to relocate the family member or engage in process of securing a new residence, leave can be limited to five (5) days.
3. where an employee’s family member is a victim who is not deceased as a result of crime, and the employee is not a victim, the employer may limit the total leave taken pursuant to 10 days.

Employers should note that leave taken by an employee pursuant to this new law runs concurrently with the FMLA and CFRA if the employee is eligible for such leave.

Recommended Action for Employers

Employers should consult with SW&M LLP to review and update their current policies and procedures related to leave protections and accommodations for victims and family members of victims of violence based on the new law, including updating language related to sick leave entitlements.

About the Author

Laraya Parnell

Laraya Parnell, Of Counsel at SW&M, brings nearly a decade of expertise in employment law and civil litigation. Her impressive portfolio includes guiding clients through the complexities of hiring, termination, employee benefits, and workplace policies, as well as tackling challenging […]

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