Legislative Update 2025 (Part Three): Expanded Rights for Crime Victims
January 23, 2025 by Beeson Tayer & Bodine
Expanded Rights for Crime Victims (AB 2499)
By: Daniel M. Perle & Alex LeichengerAB 2499 makes a number of changes in the law providing benefits to crime victims.
The bill expands the right of employees who are victims of violence to take time off from work. Previously, California law required employers to provide time off for victims of either “crime or abuse” or victims of “domestic violence, sexual assault, or stalking.” AB 2499 now allows time off to be provided, in most cases, for employees who suffer “qualifying acts of violence” (QAV). The definition of QAV includes: domestic violence, sexual assault, stalking, or any act, conduct, or pattern of conduct that includes (1) bodily injury or death to another; (2) brandishing, exhibiting, or drawing a firearm or other dangerous weapon; or (3) a perceived or actual threat to use force against another to cause physical injury or death. A QAV does not require an arrest, prosecution, or conviction related to the crime.
The bill also entitles an employee working for an employer with 25 or more employees who has a family member who is a victim of a QAV to take time off to assist a family member to obtain a restraining order or victim services.
Qualifying family members are children, parents, grandparents, grandchildren, siblings, spouses or domestic partners, or any other designated person. Designated persons can mean any individual related by blood or whose association with the employee is the equivalent of a family relationship.
An employer may limit the total leave taken to 12 weeks, except that if an employee’s family member is a victim who is not deceased as a result of crime, and the employee is not a victim, the employer may limit the total leave taken to 10 days.
The bill also expands the existing right of crime victims to use paid sick leave for themselves to include the right to use paid sick leave to assist family members who suffer a QAV. Likewise, the bill expands the eligibility for reasonable accommodations to include an employee whose family member is a victim of a QAV.
Finally, this bill moves provisions regarding protected time off for an employee to attend jury duty, to comply with a court subpoena, or to attend to their needs and ensure their safety as a victim of a crime from the Labor Code to the Government Code under the Fair Employment and Housing Act. Thus, the California Civil Rights Department can now enforce these protections by bringing civil actions in court.
The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.
