California’s newly enacted AB 2499 creates additional protections for employees who are victims of violence or have family members who are victims. The new bill amends the state’s Fair Employment and Housing Act (FEHA) to make it an unlawful employment practice to discriminate or retaliate against employees who take time off work to seek medical attention. It also allows employees to obtain services relating to crime, abuse or safety planning. This includes allowing employees to use paid sick leave to lessen any financial hardship associated with addressing the impacts of violence. The new statute also revises and recasts employer leave obligations for jury and court appearances.  

Key provisions of the bill include: 

• Prohibiting an employer with 25 or more employees from discharging, discriminating, or retaliating against an employee who is a victim or has a family member who is a victim for taking time off work for any additional prescribed purposes relating to a “qualifying act of violence.” 

• Permitting an employer to limit the total leave taken, as specified (i.e., 12-weeks, 10-days, 5-days as applicable). It also requires that the leave taken by an employee pursuant to these provisions run concurrently with leave taken pursuant to the Family and Medical Leave Act and the California Family Rights Act if the employee would have been eligible for such leave. 

• Expanding the eligibility for reasonable accommodations to include an employee who is a victim or whose family member is a victim of a qualifying act of violence for the safety of the employee while at work.  

• A duty to inform each employee of their rights under the bill. This information must 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. The bill mandates the California Civil Rights Department to develop and post on or before July 1, 2025, a form that an employer may use to comply with this requirement. 

Next Steps 

• Policy Updates: Employers should review and update workplace policies to ensure compliance with the bill’s updated definitions and new requirements. This includes revising employee handbooks and training materials to reflect the protections and accommodations mandated by AB 2499. 

• Training and Awareness: AB 2499’s modifications to existing law make it critical that HR personnel and managers receive training on the new regulations to prevent inadvertent violations.