Written by

Kari J. BrownLisa Ann Hilario

California Civil Rights Department Issues New Required Crime Victims Notice

During our 2025 Employment Law Update, we covered Assembly Bill 2499 which enlarged the scope of protected leaves for employees when the employee or their Eligible Family Member is a victim of a Qualifying Act of Violence (see article below).  The new law requires employers to provide employees with notice of their leave rights and gave the California Civil Rights Department until July 1, 2025 to develop that notice.  The model notice was recently published and can be found here:

This notice must be distributed to:

• all new employees at the time of hire;
• all employees annually;
• employees at any time upon their request for information about their leave rights; and
• any time an employee informs the employer that the employee or their Eligible Family Member is a victim of a Qualifying Act of Violence.

We recommend that you update your new hire checklists and onboarding procedures to ensure that new hires receive the notice, distribute the notice to all current employees (and calendar to do so annually), and train your HR personnel regarding these new notice requirements.

If you missed our Employment Law Update, or you need a refresher, the new law’s protected-leave requirements are outlined below.

Leave Requirements for Victims of Qualifying Acts of Violence

Employers must provide job-protected leave when the employee or their Eligible Family Member is a victim of a Qualifying Act of Violence.  Leave may be taken for a variety of reasons according to the size of the employer.

Definitions

“Eligible Family Members” include the employee’s:

• spouse/registered domestic partner;
• parent/stepparent/foster parent/legal guardian/the person who stood in loco parentis to the employee when the employee was a minor child;
• child/stepchild/foster child/legal ward, or a child to whom the employee stands in loco parentis (regardless of the child’s age or dependency status);
• sibling, grandparent or grandchild;
• spouse/registered domestic partner’s parent, stepparent, foster parent or legal guardian; or
• a Designated Person – any individual related to the employee by blood or whose association with the employee is the equivalent of a family relationship (the employee is limited to designating one Designated Person per calendar year).

“Qualifying Act of Violence” means any of the following, regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime:

• domestic violence, sexual assault or stalking; or
• an act, conduct, or pattern of conduct that includes any of the following:
  • bodily injury or death to another;
  • brandishing, exhibiting, drawing or using a firearm, or other dangerous weapon, with respect to another; or
  • a perceived or actual threat to use force against another to cause physical injury or death.

Reasons for Leave:

The reasons for which an employee can take job-protected leave vary according to the size of the employer.All Employers:  Job-protected leave must be granted if the employee is a victim of any crime and needs time off work to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding.

Employers of fewer than 25 Employees:  Job-protected leave must be granted if the employee is a victim of a Qualifying Act of Violence and needs time off work to obtain or attempt to obtain any relief to help ensure the health, safety, or welfare of the employee or their child (for example, a temporary restraining order, a restraining order, or other injunctive relief).

Employers of 25 or more Employees:  Job-protected leave must be granted if the employee or their Eligible Family Member is a victim of a Qualifying Act of Violence, and the employee takes time off work to:

• obtain or attempt to obtain any relief to help ensure the health, safety, or welfare of the employee or the employee’s Eligible Family Member (for example, a temporary restraining order, restraining order, or other injunctive relief);
• seek, obtain, or assist an Eligible Family Member to seek or obtain, medical attention for or to recover from injuries caused by a Qualifying Act of Violence;
• seek, obtain, or assist an Eligible Family Member to seek or obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of a Qualifying Act of Violence;
• seek, obtain, or assist an Eligible Family Member to seek or obtain psychological counseling or mental health services related to an experience of a Qualifying Act of Violence;
• participate in safety planning or take other actions to increase safety from future Qualifying Acts of Violence;
• relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare;
• provide care to an Eligible Family Member who is recovering from injuries caused by a Qualifying Act of Violence;
• seek, obtain, or assist an Eligible Family Member to seek or obtain civil or criminal legal services in relation to the Qualifying Act of Violence;
• prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the Qualifying Act of Violence; or
• seek, obtain, or provide childcare or care to a care-dependent adult if the childcare or care is necessary to ensure the safety of the child or dependent adult as a result of the Qualifying Act of Violence.

The law has some limitations on the amount of leave that can be taken depending on the reason for the leave.

Employee Notice Requirements:

Employees must provide their employer with reasonable advance notice of the need for leave, unless advance notice is not foreseeable. The law prohibits employers from taking adverse action against an employee for unscheduled absences, if the employee provides a certification for the time off upon the employer’s request after the absence.

Examples of Certification:

• a police report identifying the employee or their Eligible Family Member as a victim;
• a court order protecting or separating the employee or their Eligible Family Member from the perpetrator;
• documentation from a licensed medical professional, domestic violence counselor, sexual assault counselor, victim advocate, licensed healthcare provider, or counselor that the employee or their Eligible Family Member was undergoing treatment or seeking or receiving services directly related to the Qualifying Act of Violence; or
• any other form of documentation that reasonably verifies that the Qualifying Act of Violence occurred.

Prohibition Against Discrimination and Retaliation:

Employers may not discriminate or retaliate against an employee because of the employee’s status, or the employee’s Eligible Family Member’s status, as a victim if the employee provides notice to the employer of the status, or the employer has actual knowledge of the status.

Confidentiality Requirements:

The employer must maintain the confidentiality of the employee requesting leave.

Reasonable Accommodation Requirements:

Employers must provide reasonable accommodation for an employee who is a victim (or whose Eligible Family Member is a victim) of a Qualifying Act of Violence if the employee requests an accommodation for the safety of the employee while at work.  The law also requires the employer to engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.  The employer is not required to undertake an action that constitutes an “undue hardship” on the employer’s business operations.
Examples of reasonable accommodation include, but are not limited to, implementation of safety measures, including a transfer, reassignment, modified schedule, changed work telephone, permission to carry a telephone at work, changed workstation, installed lock, assistance in documenting the Qualifying Act of Violence that occurs in the workplace, an implemented safety procedure, or another adjustment to a job structure, workplace facility, or work requirement in response to a Qualifying Act of Violence, or referral to a victim assistance organization.
To comply with this new law, we recommend that you update your employee handbook/polices and train HR personnel and supervisors regarding the new requirements.  Please contact one of SMT’s employment law attorneys if you have questions.
Lisa Ann Hilario

¿No hablas español?

SMT employment attorneys can provide your company with employment policies, forms and employee disciplinary documentation in Spanish. Providing such important information to employees in the language they understand is critical to employee performance, providing a welcoming diverse work environment, and protecting your company against employment claims. Contact an SMT attorney today to get started.

Spaulding McCullough & Tansil LLP
Employment Law Group