On the heels of California Governor Gavin Newsom signing AB 2499 into law, significant changes are coming to the way workplace protections function for employees who are victims of crime or abuse. The new law, set to take effect on January 1, 2025, will reframe and expand existing employee rights, providing greater protections and changing the way employers are required to respond.
For California employees, understanding these changes is critical to ensuring your rights are protected in the workplace. Below, we’ll outline key employee rights under this new law and explain what to expect.
- Expanded Definition of Workplace Protections
The new law transitions employee protections from the Labor Code to the **Fair Employment and Housing Act (FEHA)**. The state’s Civil Rights Department (CRD) will now enforce these protections, making it easier for employees to bring civil actions in cases of workplace violations. This means that if an employee feels their rights under this new law are violated, they can file complaints and seek remedies more efficiently.
- Protected Time Off for Victims of Crime or Abuse
If you or a family member have experienced a “qualifying act of violence” (QAV), such as domestic violence, sexual assault, stalking, or other acts causing injury or threat of harm, you are entitled to take time off for critical needs. These include seeking medical treatment, obtaining restraining orders, or even relocating for safety reasons. Under the new law, this time off is protected, meaning your employer cannot retaliate or discriminate against you for taking it.
- Protection from Retaliation
Employers are expressly prohibited from retaliating against employees who take time off or request reasonable accommodations due to their status as a victim or for assisting family members who are victims. For instance, if you need to attend court proceedings or obtain legal services as a result of a QAV, your employer cannot penalize you for that time off. This protection extends to all employees, regardless of the size of your employer’s business.
- Family Member Protections
A major shift in the new law is its nclusion of protections for employees who have family members affected by a QAV. This includes time off to help a family member recover from injuries, relocate for safety, or seek psychological support. “Family member” includes not only immediate family like children, parents, and spouses but also anyone you designate as a close equivalent.
- Reasonable Accommodations
If you are a victim of a QAV, you have the right to request reasonable workplace accommodations to ensure your safety and well-being. This can include changes such as a modified schedule, a transfer to a different work location, or even changes to workplace security measures like installing locks or allowing a phone at work for emergency use. The law requires employers to engage in a process to assess and implement these accommodations unless it would create an undue hardship for the company.
- Leave Time Limits
While employers must provide leave for these protected reasons, the law allows some limitations on the amount of leave. For example, victims can take up to 12 weeks of leave, while those caring for a family member who is a victim are allowed a shorter duration for specific tasks, such as relocation.
- Certification Requirements
Employers can request ”certification” from employees seeking time off or accommodations related to their status as a victim of a QAV. This could include a police report, a court order, or documentation from a healthcare provider or victim advocate. However, employees can also provide a written statement signed by themselves verifying the occurrence of the QAV.
This new legislation reflects California’s commitment to supporting and protecting employees who are victims of crime or abuse. By expanding workplace protections and ensuring employers are held accountable, the state is taking steps to safeguard the rights and well-being of vulnerable employees.
If you believe your employer is not complying with these new provisions, you have the right to take legal action. Consulting with an employment attorney familiar with AB 2499 and other California employment laws can help you navigate your rights and ensure you are protected under this important legislation.