AB 2499 Victim-Of-Violence Leaves

As is customary, I like to highlight some of the new labor laws that affect employers. In 2025 there are 10 new laws that may affect you and your employees, with AB 2499 one of the most important laws that affect all employers in CA. AB 2499 moves victims of violence regulations to the Civil Rights Department (CRD) and provides a mechanism for employees to bring civil actions in court. Qualifying acts of violence (QAV), are defined as:

• domestic violence;
• sexual assault;
• stalking; or
• any act, conduct, or pattern of conduct that includes (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.

Employers of any size are prohibited from retaliating against or otherwise discriminating against employees who participate in the legal process. Employers are also prohibited from discriminating or retaliating against employees because of the employee’s status or their family member’s status as a victim of a QAV.

• Employees may take up to a total of 12 weeks of time off due to crimes that constitute qualifying acts of violence.
• If the employee is not the victim, time off to assist a family member in relocating or enrolling a child in a new school due to a non-fatal crime is limited to five days.
• If the employee is not the victim, time off to support a family member who is the victim of a non-fatal crime is limited to 10 days.
• If the employee is not the victim, you are eligible for up to 12 weeks off if the family member is a victim of a fatal crime.

This leave runs concurrently with any leave under the CFRA and FMLA and does not provide an employee with a right to leave that exceeds that provided under the FMLA. AB 2499 leaves most of the existing reasonable accommodation requirements unchanged. While the new law will require you to provide reasonable accommodations to any employee who is (or who has a family member who is) a victim of a QAV, these rules will otherwise remain largely the same.

You may require an employee seeking leave or accommodation under these protections to provide certification of the employee’s or their family member’s status as a victim of a QAV such certification could include a police report, a court order, documentation from a licensed medical professional, domestic violence counsel, victim advocate, or similar, as well as any other form of documentation reasonably verifying that the QAV occurred, including a written statement signed by the employee).

The CRD will be publishing a form notice regarding employees’ protections under AB 2499 no later than July 1, 2025. Once the CRD publishes that notice, you must provide employees notice of their rights under this law. While you are not required to use the form notice published by the CRD, you must at least provide a notice that is substantially similar in content and clarity.

If you would like more information on AB 2499 or any other new labor law please reach out to JorgensenHR at info@jorgensenhr.com or 661-600-2070.