On July 1, 2025, the California Civil Rights Department (“CRD”) issued its new Notice entitled “Survivors Of Violence And Family Members Of Victims Right To Leave And Accommodations.” The new Notice was issued pursuant to Assembly Bill 2499 which was signed into law in late 2024. Among other things, the legislation expanded leave and accommodation protections for employees who are either the victim of, or have a family member who is the victim of, certain qualifying acts of violence, as defined by the statute.
- Qualifying Reasons for Leave.
Jury/Witness Duty Leave. For jury service or to appear in court as a witness to comply with a subpoena or court order. All employees have this right, no matter the size of the employer.
Qualifying Act of Violence Leave.
- If the employee is a victim of violence, to get relief (like a restraining order) to protect the employee’s and/or their child’s health, safety, or welfare. All employees have this right, no matter the size of the employer.
- If the employee is a victim of violence or the family member of a victim of violence, and works for an employer with 25 or more employees, for any of the following reasons:
- To take part in safety planning or other actions to help keep the employee or their family member safe from future violence;
- To prepare for, participate in, or attend civil, administrative, or criminal legal proceedings, such as a court hearing, related to the violence;
- To seek, get, or provide childcare or care to a dependent adult if the care is necessary to keep the child or adult safe after an act of violence;
- To care for a family member recovering from injuries caused by violence;
- To get, or help a family member get, the following services relating to the violence: civil or criminal legal services; a restraining order or other relief; medical attention for injuries; services from a domestic violence shelter or program, rape crisis center, or victim services organization or agency; psychological counseling; mental health services; or housing, including relocating, securing temporary or permanent housing, and enrolling children in a new school or childcare.
B. Amount of Leave.
If the employee is a victim of violence or the family member of a deceased victim of violence, except for certain limitations, the employee may take up to 12 weeks of leave for qualifying acts of violence.
If the employee is the family member of a living victim of violence but is not himself or herself a victim of violence, the following two exceptions to the 12 weeks of leave apply:
- The employee can take up to five days of leave when leave is taken to help the family member who is a victim of violence relocate to temporary or permanent housing.
- The employee can take up to 10 days off leave for the other qualifying acts of violence purposes.
C. Reasonable Accommodations in the Workplace May Also Be Required.
The statute also required employers to reasonable accommodate employees who are victims of, or have a family member who is the victim of, a qualifying act of violence, to help ensure the employee is safe at work. Employers must engage in a good faith interactive process with the employee and see what changes can be made in the workplace.
D. Other Relevant Information Regarding Rights and Obligations for Taking the Leave.
Employees may use available vacation, paid time off, personal leave, or paid sick leave concurrently with leave taken under the statute for any reason. If an employee has no paid time off available, the employee can file for partial wage replacement benefits under the State Disability Insurance Program or Paid Family Leave Program administered by the EDD.
Employees must give the employer advance notice before taking time off, unless it is not possible. If an employee does not give advance notice, the employer may not discipline the employee if the employee provides documentation to the employer within a reasonable time supporting the reason for the employee’s absence.
Employers are required to keep information about an employee’s request for time off or a request for a reasonable accommodation due to a qualifying act of violence, confidential unless federal or state law requires disclosure, or disclosure is necessary to protect the employee’s safety at work. Before making any disclosure, the employer must notify the employee. Further, like with all protected leave activity, employers may not discriminate or retaliate against an employee who exercises their right to take leave for a qualifying act of violence purpose defined in the statute. Employees who believe they are being discriminated or retaliated against for doing so, may file a complaint with the CRD.
The new CRD Notice can be obtained here. Employers are required to provide a copy of the Notice to employees upon hire, annually, upon request, and whenever an employee informs the employer that they are a victim of violence or their family member is a victim of violence