California Expands Protections for Victims of Crime and Violence

Since January 1, 2025, California has expanded time-off protections for victims of crime and violence (or family member of victims) by allowing them to use paid sick leave for this purpose without fear of discrimination or retaliation for taking such time off.  Employees may use vacation, personal leave, or paid sick leave for this purpose; although, the law does not create the right for an employee to take unpaid leave that exceeds the unpaid leave time allowed by the federal Family Medical Leave Act (FMLA)’s 12 weeks when the employee is the victim (as the leave runs concurrently with FMLA and California Family Rights Act (CFRA) if the employee is eligible for either).  Employers may limit the total leave time to five days when the employee’s family member is the victim and the leave is intended to help the family member relocate, and may limit the total leave time taken to 10 days for any other allowable reason under the law when the employee’s family member is the victim and is not deceased as a result of the crime.  

Employees also are entitled to reasonable accommodations under this law to accommodate for the safety of the employee while at work (i.e., changed workstation, installed lock, permission to carry phone at work, etc.).  

Pursuant to the text of the bill, the government must develop a notice/form called “Survivors of Violence and Family Members of Victims Right to Leave and Accommodations” on or before July 1, 2025, and employers must provide notice of employees’ rights under this law once the government posts the notice/form on its website.

California employers should consult their labor counsel to ensure compliance with both the leave entitlements as well as the notification requirements of this law.