What happened?

On September 29, 2024, Governor Gavin Newsom signed Assembly Bill 2499 (AB 2499), amending several laws, especially in employment.

Quick Summary:

• Enhances employment protections for victims of violence and abuse, expanding the scope of existing laws to provide greater support and flexibility for affected employees.

What are the details?

• Code of Civil Procedure (Section 214): Amendment: Expands the list of crimes for which employees can take time off.

• Government Code (Section 12945.8): This section adds new protections under the Fair Employment and Housing Act (FEHA).
  
• Enforcement: The Civil Rights Department (CRD) will now enforce these protections, allowing employees to bring civil actions in court for violations.

• Labor Code (Sections 246.5, 230, and 230.1): (1) Section 246.5: Expands the use of paid sick leave to include time off for employees whose family members are victims of crime or abuse.
  
  • Impact: Employees can use paid sick leave for a wider range of reasons related to crime or abuse, and employers must provide reasonable accommodations for safety.

• Penal Code (Section 679.027): Updates the definition of “qualifying acts of violence” to include a broader range of violent acts.
  
  • Impact: Ensures that more victims are covered under the protections provided by AB 2499.

• Protection Against Discrimination: Prohibit discrimination against employees who are victims of crime or abuse.

• Reasonable Accommodations: Provide reasonable accommodations for victims of domestic violence, sexual assault, or stalking.

• Paid Sick Leave: Allow use of paid sick leave for issues related to being a victim of crime or abuse.

• Reinstatement and Reimbursement: Ensure reinstatement and reimbursement for employees facing discrimination or retaliation.

• Notification Requirements: Inform employees of their rights under AB 2499 in writing upon hire, annually, upon request, and when an employer becomes aware that an employee or their family member is a victim.

• Use of Leave: Allow use of accrued paid sick time or other accrued leave for taking time off. Provide unpaid leave under FMLA or CFRA if sick time is exhausted.

• Advance Notice and Certification: Require advance notice or notice within a reasonable time after the absence. Accept a signed statement from the employee or someone on their behalf as certification.

Additional Obligations for Employers with 25 or More Employees:

• Protected Time Off: Provide time off for medical attention, obtaining services, safety planning, and other actions to increase safety.

• Family Member Protections: Extend protections to employees whose family members, including “designated persons,” are victims of violence.

• Additional Uses of Paid Sick Time: Allow use of paid sick time for mental health counseling, medical treatment, services from a victim services organization, or legal relief.

• Leave Duration Limits: Provide up to 12 weeks of unpaid leave for victims of violence. For family members who are victims of non-fatal crimes, provide up to five days for relocation and child enrollment and up to 10 days for other purposes.

• Concurrent Leave: Ensure absences qualifying under FMLA or CFRA run concurrently if the employee is eligible.

Business Considerations

• Update employee handbooks to reflect the new rights and protections under the law, ensuring all policies are current and comprehensive.

• Train managers, supervisors, and HR personnel on how to identify when an employee may be entitled to crime victim leave or accommodations.

• Establish clear procedures for certifying the need for leave or accommodation.

Source Reference

• CA AB 2499

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.