In 2024, among other revisions to the current law regarding employees or their family members who were victims of violence, the leave and time off entitlements provided was expanded with Assembly Bill (AB) 2499.
As part of the 2024 legislation, the California Civil Rights Department (CRD) (formerly the Department of Fair Employment and Housing or DFEH) was required to develop and publish a notice of employee rights. The notice is titled Survivors of Violence and Family Members of Victims Right to Leave and Accommodation.
As required, the new notice has been published and is available here: NEW SURVIVORS OF VIOLENCE AND VICTIM’S RIGHT TO LEAVE & ACCOMMODATIONS NOTICE.
Employers must provide the Notice to employees when hired, annually, upon request, and to any employee who informs the employer that they are a victim of violence, or their family member was a victim of violence. Victims of violence include victims of domestic violence, sexual assault, stalking, violent threats, acts involving the use or presence of a dangerous weapon, or any violence causing injury. By providing the new notice, published by the CRD, the employer’s obligation is satisfied.
Depending on the size of the employer, different time off rights apply.
All Employers
- If an employee is a victim of violence, the employee has the right to take time off work to get relief (like a restraining order) to protect the employee or their child’s health, safety, or welfare.
Employers with 25 or more employees
- If an employee or their family member is a victim of violence, the employee has the right to take time off work 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
- Housing, including relocating, securing temporary or permanent housing
- Enrolling children in a new school or childcare
- If an employee is a victim of violence or the family member of a deceased victim of violence, the employee can take up to 12 weeks off work for any of these reasons. If the employee is the family member of a living victim of violence but the employee is not a victim, the employee may take up to 10 days off work for these reasons, with the exception of relocation, for which the employee can take up to five days. The employee may use available vacation, paid time off, personal leave, or paid sick leave to take time off for any of the reasons described in the CRD notice.
- Employees must give their employer advance notice before taking time off unless it is not possible. If advance notice is not provided, the employer cannot discipline the employee if the employee provides documentation to within a reasonable time supporting the reason for the absence.
Employee’s Right To Reasonable Accommodation For Safety
The Notice provides information that if an employee or their family member is a victim of violence, the employee has the right to ask for a reasonable accommodation to make sure the employee is safe at work. The employer must seek to provide an accommodation and can ask the employee for a statement certifying that your request is related to being a victim or the family member of a victim.
The CRD also published a Frequently Asked Questions (FAQ) on the updates to the law which includes information on what is a qualifying act of violence, which family members must be victims to permit an employee the protections under the law, how much time off work is permitted and what an employee’s rights are under the law.
WHAT SHOULD I DO NOW:
To comply with the requirements of the code, employers shall, in writing, provide information to employees by giving them a copy of the CRD’s Notice or preparing their own notice that contains all of the same information.
The information shall be provided to:
- new employees upon hire,
- to all employees annually,
- at any time upon request, and
- any time an employee informs an employer that the employee or the employee’s family member is a victim.
This Newsletter is intended as a brief summary of employment law. While every effort has been made to ensure the accuracy of the information contained herein, it is not intended to serve as “legal advice,” or to establish an attorney-client relationship. If additional information is needed on any of the topics contained herein, please contact our office. All rights reserved. ©2025.