Gov. Gavin Newsom has signed into law a bill that provides a right to paid time off and other protections for employees who are victims of violence, including threats, assaults, stalking and domestic abuse.
AB 2499 makes significant changes to California’s “jury, court and victim time off” law by expanding instances when a victim of a “qualifying act of violence” can take time off, and provides protections against retaliation for taking that paid time off. The law already requires that employers provide time off for workers who are on juries or have to appear in court.
The new law also requires employers to provide reasonable accommodation to employees who are victims of violence, in a process that’s akin to the Americans with Disabilities Act’s interactive process.
Current law
Under current law, employers are barred from discriminating or retaliating against a worker based on their status as a victim of crime or abuse, for taking time off for jury duty or to comply with a subpoena or other court order.
As well, firms with 25 or more workers may not discriminate or retaliating against an employee who is a victim of crime or abuse from taking time off:
- To seek medical attention for injuries related to the crime or abuse,
- To obtain services as a result of the crime or abuse, or
- To participate in actions to increase their safety from possible future crimes or abuse.
Changes under AB 2499
AB 2499 replaces the term “victim of crime or abuse” with an individual against whom a “qualifying act of violence” (QAV) is committed, which includes:
- Domestic violence,
- Sexual assault,
- Stalking, or
- An act, conduct or pattern of conduct in which an individual:
- Causes bodily injury or death to another,
- Exhibits or uses a firearm or other dangerous weapon against another, or
- Uses or makes a reasonably perceived or actual threat against another to cause physical injury or death.
The law also extends protections to employees who need to take time off if they have a family member who is the victim of a QAV. “Family” includes:
- A child, parent, grandparent, grandchild, sibling, spouse or domestic partner; or
- A “designated person” who is blood-related or whose association with the employee is equivalent to a family relationship.
It also bars employers with 25 or more employees from discriminating or retaliating against a victim of QAV or whose family member is a victim, for taking time off to:
- Obtain relief, including restraining orders.
- Obtain medical attention after a QAV.
- Seek assistance from a victim services organization.
- Seek mental health services related to a QAV.
- Recover from QAV-related injuries.
Reasonable accommodation
Under an ADA-like component to the new law, employers are required to engage in an interactive process to determine effective accommodations if an employee:
- Discloses the fact they or a family member is a victim of a QAV, and
- Requests accommodation for safety reasons.
Some examples of reasonable accommodations include:
- Work transfers or reassignments,
- Modified schedules,
- Changed workstation or telephone,
- Lock installation, and
- Temporary time off.
However, organizations won’t be required to provide accommodation if it would pose an undue hardship to them, including if it would violate their duty to maintain a safe workplace.
Notification and paid time off
The new law allows victims to use paid vacation or sick time during any QAV-related leave they take.
If the leave is granted as an accommodation under the Family and Medical Leave Act, the paid leave must run concurrently. Employers may restrict leave to the following:
- Twelve weeks for an employee who is a victim.
- Ten days if a worker’s family member is a victim.
- Five days if a worker’s family member is a victim and needs help relocating.
The takeaway
California employers will be required to provide notice to their employees that informs them of their rights under the law when they are hired and if an employee informs the organization that they are a QAV victim.
This is one of those laws that should spur you to seek legal counsel if confronted with a request for time off, and especially if the affected worker requests reasonable accommodation.
