In 2024, the California Legislature passed AB 2499 (Schiavo, D-Santa Clarita) (see: Assembly Bill 2499: California Amends Jury, Court, and Victim Time-Off Provisions, Sayaka Karitani , Jackson Lewis, FELS website, Oct. 17, 2024) requiring extensive new workplace protections for crime victims and those whose family members are victims of violent crime.

AB 2499 imposed several new requirements for California employers — including written notice to employees about their rights under this law. The Office of the Labor Commissioner, Division of Labor Standards Enforcement released this required notice today. You can access the notice here.

AB 2499 Protections: AB 2499 broadened the definition of “victim” to include anyone subjected to a “qualifying act of violence,” not just domestic violence or stalking. Under the law:

• Employees who are victims of crime may take time off to protect their health, safety, or welfare—or that of their child.
• Employers with 25 or more employees must offer these same protections when a family member of an employee is the victim.

AB 2499 requires employers to provide employees written notice of their rights under AB 2499:

• At time of hire;
• Annually;
• Upon request;
• If an employee discloses they or their family member is a crime victim.

The notice must also be posted in a conspicuous workplace location, alongside other required postings.

AB 2499 Time Off Requirements: AB 2499 requires employers to allow employees to use California Paid Sick Leave or other available paid time off when taking leave under this law. Advance written notice is not required if the situation prevents it. Employers may request documentation following an unscheduled absence, but only to confirm that a crime occurred.

AB 2499 Reasonable Accommodations: Employers must also engage in a timely, interactive process with employees who are victims of domestic violence, sexual assault, or stalking to determine reasonable safety accommodations at work — like a change in shift, transfer, or reassignment. AB 2499 requires employers to make reasonable accommodations based on the employee’s individual safety needs.

Retaliation Prohibited: Employers may not retaliate against employees for exercising their rights under AB 2499, including requesting time off, seeking legal remedies like a restraining order, or requesting an accommodation. AB 2499 imposes in employers a duty to maintain the confidentiality of any employee disclosing their victim status.

What to Do Now?

• Download and post the model notice;
• Review your policies (including in your employee handbook) on time off, accommodations, and retaliation.
• Train supervisors and managers on what to do if an employee discloses they are a victim of violence.
• If you’re a FELS Newsletter subscriber, consider using your Group Legal Services Plan benefits.