Key takeaways
Who is covered
- “Survivors of violence” includes individuals who have experienced domestic violence, sexual assault, stalking, as well as other acts involving physical injury, threat of death, threats of injury or a firearm or dangerous weapon. It does not require that the individual was arrested or convicted.
- Family members eligible include child, parent, grandparent, grandchild, sibling, spouse, domestic partner or a “designated person” (someone the employee identifies, such as a best friend or an aunt/uncle) in certain contexts.
What rights are provided
- Employers with 25 or more employees must provide time-off and leave protections for an employee whose family member has experienced a qualifying act of violence.
- Employers of all sizes must provide leave or accommodations to employees themselves who are survivors.
- Types of leave / protected time off include (but are not limited to):
- Seeking medical or psychological treatment
- Obtaining restraining orders or other legal relief
- Attending court proceedings
- Relocating for safety
- Caring for family members affected by the violence
- Reasonable accommodations may also be required in the workplace to ensure safety: for example, modified schedules, changes to work location, changes to contact information, adjustments for physical safety or security, etc.
- Retaliation or discrimination against employees for exercising these rights is prohibited.
Notice and distribution requirements
The CRD-issued new mandatory notice titled “Survivors of Violence and Family Members of Victims’ Rights to Leave and Accommodations” replaces the prior domestic violence protections poster and fulfills the notice requirement under AB 2499 (effective January 1, 2025). The CRD has also published Frequently Asked Questions to accompany the notice, which clarifies how the rights work in practice.
Employers must provide the notice and accompanying FAQs at several points:
- Upon hire
- Annually
- Upon Request
- When employee (or employee’s family member) notifies employer they are a victim
Failure to comply with the above notice requirements may lead to liability under the law enforced by the CRD. Similarly, failing to grant leave or reasonable accommodations, or engaging in retaliation, can lead to claims under the Fair Employment Housing Act (FEHA).
Action steps
- Print the CRD Notice and FAQs (in all applicable languages).
- Review your policies and ensure that your employee handbook is updated to reflect the new or expanded leave and accommodation rights.
- Integrate the notice and FAQs into onboarding (new hire) materials.
- Identify a process to distribute the notice and FAQs annually, and upon employee requests or notification.
- Train HR and relevant management personnel on handling leave / accommodation requests under this law.