By Matt Heldt
Starting January 1, 2025, California employees impacted by violent crime will have additional protections. Assembly Bill 2499 (AB 2499) was signed in September and amends several California statutes to provide greater protection for individuals impacted by crime, including, most relevant to employers, the Fair Employment and Housing Act and the California Labor Code.
Although California law already mandated certain protections for crime victims, AB 2499 expands those protections by including more types of crime victims and providing protected time off, accommodations, and discrimination and retaliation protections, among other changes. As 2025 nears, employers should prepare to comply with these requirements by updating employee handbooks and training managers, supervisors, and HR on their respective duties under the law.
A Broader Scope
An employee is typically covered if they are impacted by a “qualifying act of violence,” which is defined broadly. A qualifying act of violence includes previously covered acts like domestic violence, sexual assault, and stalking, plus, any act, conduct, or pattern of conduct where an individual (1) causes bodily injury to another; (2) exhibits, draws, brandishes, or uses a firearm or dangerous weapon towards another; or (3) makes a reasonably perceived or actual threat to use force against another to cause injury.
For employers with 25 or more employees, protections extend to an employee whose family member is the victim of a qualifying act of violence. “Family member” has the broadest possible meaning and includes a “designated person.” A designated person is “any individual related by blood or whose associate with the employee is equivalent of a family relationship” – for example, a best friend. In other words, a “family member” is not necessarily someone to whom the employee is related. For “designated” family members, employers may limit an employee to one “designated person” per 12-month leave period, while other family members (siblings, spouse, parents, grandparents, children, etc.) are always covered.
Protected Time Off
Employees can use accrued paid sick time or other accrued leave to take time off. All employees, regardless of employer size, who are a victim of a qualifying act of violence may use sick leave to seek legal relief such as a temporary or permanent restraining order.
Additionally, employers with 25 or more employees must allow employees to use accrued paid sick time for several additional purposes, including but not limited to mental health counseling, medical treatment, services from a victim services organization, or legal relief, both for the employee or the employee’s family member.
If an employee has exhausted their accrued sick time, they may still be entitled to unpaid leave that runs concurrently with leave under the Family Medical Leave Act or the California Family Rights Act. When an employee takes leave because a family member is a victim, employers may limit leave to five or 10 days, depending on the circumstances. But if the employee is a victim, they may be entitled to up to 12 weeks of unpaid leave. Employees may use vacation, paid leave, or other compensatory time available to them while taking crime victim leave for themselves or a family member.
As a condition for taking leave, employers may require advanced notice or, if advanced notice is not feasible, notice within a reasonable time after the absence. An employer may require the employee to certify their need for crime victim leave, but external records, such as police or court records, are not required. Employees may certify their need for crime victim leave by providing a signed written statement. The statement may be by an employee or an individual acting on the employee’s behalf. An employee’s (or family member’s) status as a crime victim and any related records must be kept strictly confidential, similar to medical records.
Accommodations
Employers of any size also have a duty to provide reasonable accommodations for the safety of the employee while at work. The duty to accommodate applies if the employee or a family member is a victim of a qualifying act of violence and the employee needs an accommodation to be safe at work.
Like other workplace accommodations, employers must engage in an interactive process with the employee to determine effective reasonable accommodations, but need not provide an accommodation that would constitute an undue hardship on the employer’s business operations. Reasonable accommodations for the safety of the employee at work may include added safety measures in the workplace, a modified schedule, changing their work telephone or email address, permission to carry a phone at work, or a transfer.
Unique to crime victims, however, the employer must consider any exigent circumstance or danger facing the employee or their family members. Depending on the circumstances, employers should be prepared to respond immediately and engage in a streamlined interactive process to quickly determine reasonable accommodations.
Also unique to crime victim accommodations, like protected crime victim leave, an employee may certify their need for an accommodation by providing a signed written statement (by the employee or an individual acting on their behalf) certifying their status as a crime victim and need for an accommodation.
Discrimination & Retaliation Protections
AB 2499 also prohibits employers from engaging in any discriminatory or retaliatory action because an employee has taken leave, requested an accommodation, attempted to seek relief, or simply because an employee or their family member is a victim of a qualifying act of violence.
Importantly, there is a rebuttable presumption of unlawful retaliation if an employer takes adverse action against an employee within 30 days of the employee complaining to the Labor Commissioner, cooperating in an investigation or prosecution, or opposing an employer’s practice regarding a violation of an employee’s right to use paid sick time (whether for crime victim leave or another qualifying reason).
Next Steps
AB 2499 goes into effect January 1, 2025. Although victims of domestic violence, sexual assault, and stalking were already protected under California law, AB 2499 broadens those protections to a new class of crime victims and imposes additional obligations on employers.
Employers should prepare for AB 2499 by updating their employment policies and training managers and supervisors—who will be best positioned to identify if an employee may be entitled to crime victim leave or accommodations—and HR on the basic protections and proper process for certifying the need for leave or accommodations and engaging in the interactive process.
There is more to AB 2499 not explained here, such as protections for jury duty and sick leave for medical appointments. Employers should contact counsel when tailoring employee handbooks for 2025 and for advice on the full scope and requirements imposed by AB 2499.
This update is prepared for the general information of our clients and friends. It should not be regarded as legal advice. If you have questions about the issues raised here, please contact any of the attorneys in our Labor & Employment Practice Group, or the attorney with whom you normally consult.
