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Prior to AB 2499
Prior to the new assembly bill AB 2499, Labor Code Sections 230 and 230.1 offered protections for those victimized by domestic violence, stalking, sexual assault, and other crimes. These sections also included time off to serve in a jury and time to adhere to a subpoena.
What is AB 2499?
Assembly bill 2499 changes the existing statutesfor victims who face violence. Qualifying acts of violence, under the new assembly bill are classified as domestic violence, abuse, stalking, sexual assault and other crimes. AB 2499 also extends this statute for employeeswho are obtaining relief for a family member who has experienced these “qualifying acts of violence”.
• “Obtaining relief” covers a range of activities which include taking time off to seek medical attention, counseling, relocating, obtaining legal services, safety planning, obtaining restraining orders, or enrolling children into a new school.
Understanding AB 2499
This bill allows for state-paid sick leave to be used to take protected time off work in order to support victims of domestic violence or their family members. For family members of victims who have experienced the qualifying acts of violence, up to 12 weeks of protected leave is allowed but, an employer may limit the total leave to 10 days if the employee is not the victim. Family members will be defined broadly as this may include an employee’s parent, child, sibling, grandparent, spouse, domestic partner, or a designated person. For victims themselves who have experienced a qualifying act of violence they may take up to 12 weeks of time off.
Employers
Employers with 25 or more employees are prohibited from firing, retaliating, or discriminating against employee’s who are victims of the listed qualifying acts of violence, or an employee who has a family member who is a victim, when taking protected leave. Employers are required to provide notice to all employees of the changes the law creates, and their rights. Employers must provide notice when and employee is able to inform their employer that they themselves or a family member has been victimized according to the qualifying acts of violence.
