AB 2499 Requires California Employers to Offer Expanded Protections for Employees Impacted by Violent Crime

In September, Governor Gavin Newsom signed Assembly Bill (AB) 2499 into law. This new law offers expanded protections for California employees impacted by violent crime. While California law already provided certain protections for crime victims, AB 2499 significantly broadens the scope of these protections. This new law expands the list of crimes for which workers can take time off and allows employees to take protected time off to help family members who’ve fallen victim to specified crimes. AB 2499 also provides accommodations and discrimination and retaliation protections. As the effective date of AB 2499 nears, it is crucial for employees to familiarize themselves with the provisions of this bill.

Expanded Definitions and Scope

AB 2499 covers any employee affected by a “qualifying act of violence.” Before the signing of AB 2499, this meant offenses like domestic violence, sexual assault, and stalking. AB 2499 expanded the list of crimes for which an employee can take time off. Starting next year, qualifying acts of violence will also include any act that causes bodily injury, involves the use of a weapon, or constitutes a perceived threat of harm.

For employees who work for employers with at least 25 employees, the protections of AB 2499 extend to them when their family members fall victim to qualifying acts of violence. The term “family member” refers to anyone connected to the employee, including a “designated person.” This is someone who shares a blood relationship with the employee or whose relationship with the employee is like that of a family member. However, while family members such as parents, siblings, and spouses are always covered, when it comes to designated individuals, an employer can limit a worker to one person per 12-month leave period.

Protected Time Off

If you are a victim of a qualifying act of violence, you can use your accrued paid sick leave or other leave for time off. This includes taking time off to seek legal relief, like a restraining order. If you work for an employer with at least 25 employees, you have the right to take sick leave for mental health counseling, medical treatment, or victim services for either yourself or a family member. If you exhaust your accrued sick time, you can use your unpaid leave. However, your employer may request notice or certification as a condition for taking leave. You can certify your need for crime victim leave by providing a signed written statement made by you or someone acting on your behalf. However, your status as a crime victim or your family member’s status as a crime victim and any related records must remain confidential.

Reasonable Accommodations

If you or a family member is a victim of a qualifying act of violence, you are entitled to reasonable safety accommodations. Your employer must engage in an interactive process with you to determine effective accommodations. However, if an accommodation would cause undue hardship to your employer, they are not required to provide it. You can certify your need for reasonable accommodation with a signed written statement.

Protections Against Discrimination and Retaliation

AB 2499 protects employees from discrimination or retaliation for taking leave, requesting accommodations, trying to seek relief, or because they or their family members are crime victims. If an adverse action occurs 30 days after an employee raises a complaint, there is a rebuttable presumption of illegal retaliation.