California employers must prepare for significant changes under AB 2499, effective January 1, 2025. This law expands employee protections for victims of “qualifying acts of violence” (QAV) and their family members, aligning these rights with the Fair Employment and Housing Act (FEHA). Here’s a summary of key changes:
Expanded Definition of “Qualifying Acts of Violence”
AB 2499 introduces the term QAV, which encompasses domestic violence, sexual assault, stalking, or other harmful acts such as:
- Causing bodily injury or death.
- Brandishing or using a weapon.
- Threatening force to cause injury or death.
These acts qualify regardless of criminal charges or convictions.
Broadened Employee Protections
The law prohibits employers of any size from retaliating against or discriminating against employees who:
- Serve on a jury or appear as witnesses in court.
- Seek legal relief, such as restraining orders, for themselves or family members.
- Take time off to address safety, health, or recovery needs stemming from a QAV.
Protections now extend to employees caring for family members who are victims, defined broadly to include children, parents, spouses, domestic partners, and even designated individuals.
Reasonable Accommodations for Safety
Employers must reasonably accommodate employees who are victims—or have family members who are victims—of QAV. Accommodations may include:
- Modified work schedules or locations.
- Safety measures, such as changes to workstations or access controls.
- Assistance with relocation.
Interactive processes must be timely and in good faith, considering any immediate dangers to the employee or their family.
Leave and Paid Sick Time
Employees may use paid sick leave and take protected leave for various purposes, such as medical care, counseling, legal proceedings, or securing new housing. Employers may limit leave to 12 weeks for employee victims and 10 days for family-related leave, though exceptions apply in cases of death due to QAV. Leave must run concurrently with Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA) leave if applicable.
Notice Requirements
Employers must notify employees of their rights under AB 2499 upon hire, annually, and when an employee identifies as a victim. By July 1, 2025, the Civil Rights Department (CRD) will publish a model notice that employers can use.
Certification Requests
Employers may require documentation, such as police reports or statements from licensed professionals, to verify the occurrence of a QAV.
Action Steps for Employers
To comply with AB 2499, employers should:
- Update policies to reflect the expanded protections.
- Train HR personnel and managers on the interactive process and accommodation requirements.
- Prepare to distribute notices once the CRD publishes the official form.