Victim of Violence? Here’s What AB 2499 Means for You at Work

As required, the California Civil Rights Department (CRD) recently shared the official notice that employers are required to use to inform employees of their rights established under AB 2499. Additionally, the CRD published FAQs related to the new law. Below, we share answers to some of the most frequently asked questions about AB 2499 as explained by the CRD.

1. What types of incidents are considered “qualifying acts of violence”?

Under AB 2499, several incidents are considered qualifying acts of violence (QAV), including the following;

• Stalking
• Sexual assault
• Domestic violence
• Threats of injury or death
• Injury or death
• Gun-related or weapon-based violence

Note: Your rights apply even if the perpetrator has not been arrested or convicted.

2. Which family members are covered?

You can request leave or accommodations if the individual affected is;

• Your child, parent, grandchild, or grandparent
• Your sibling, spouse, or domestic partner
• A “designated person,” who doesn’t have to be related to you by blood, such as a best friend

3. Can an employer punish me for taking advantage of these rights?

No. California law strictly prohibits employers from firing, discriminating against, or retaliating against workers who request time off or accommodations because they or their family members have been victims of qualifying acts of violence.

4. What are my rights if I need time off?

If you are a victim of a QAV, you can take job-protected leave to get a restraining order or other relief you need to ensure you or your child’s health, safety, or welfare.

Additionally, if you work for an employer with at least 25 employees and you experience a QAV, you can take leave to participate in activities for your safety and health, including;

• Seeking medical or psychological care
• Attending court proceedings
• Moving to a safer location
• Accessing support services
• Caring for an injured family member

The above is also true if your family member is a victim of a qualifying act of violence.

5. How much time off can I take?

The number of leave days you can take depends on your situation. You can take;

• Up to 12 weeks if you were the victim or lost a loved one to violence
• Up to 10 days if a family member survived a QAV. Up to 5 days can be used to help them find housing or enroll children in school.

6. Must I tell my employer in advance?

You are required to provide reasonable notice to your employer before going on leave unless advance notice is impossible.

7. What happens if advance notice is not possible?

If you have an unexcused absence from work and you provide information (called certification) that the act of violence happened within a reasonable time after your employer asks for it, your employer is prohibited from disciplining you. Certification can include police reports, court records, and documentation from a supportive service provider.

8. What if I no longer feel safe at work?

You can request changes to your workplace (reasonable accommodations). These can include;

• A modified schedule, transfer, or reassignment
• Lock installation
• Changing your work phone number or workstation
• Implementing safety procedures

Contact a California Employment Lawyer

Contact a California employment lawyer if you have more questions or if you believe your rights have been violated.