New California Crime Victims Leave Legislation Under AB 2992

New California Crime Victims Leave Legislation Under AB 2992

On September 28, 2020, California Governor Gavin Newsom approved AB 2992, which broadly prohibits an employer from discharging, discriminating, or retaliating against an employee who is a victim of a crime for taking time off to either appear in court or attempt to obtain relief. The new law defines “victim” as: (1) a victim of stalking, domestic violence, or sexual assault; (2) a victim of a crime that caused physical injury or that caused mental injury and a threat of physical injury; or (3) a person whose immediate family member is deceased as the direct result of a crime. Victims of domestic violence, sexual assault, or stalking must be provided reasonable accommodations by the employer if such a request is made pertaining to safety while at work, if requested. The employer also must engage in a timely, good faith, and interactive process with the employee to determine what these effective reasonable accommodations are. And employees must give reasonable advance notice of the intention to take time off and provide verification that they indeed went to the location requested. Employees who are discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment for seeking protection under this law shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, as well as “appropriate equitable relief,” which could result in a high damages award for proven violations.

Specific to employers 25 or more employees, a new notice obligation also now exists to inform employees of their rights to the expanded leave. The Labor Commissioner is required to develop a model notice on or before January 1, 2022, before which time employers are not required to comply with the notice requirement.