California Expands Paid Sick Leave Uses for Crime Victims and Changes Unpaid Leave Standards for Victims
Summary
- Paid sick leave will be available when a family member is a victim of domestic violence, sexual assault, stalking, or other crimes.
- Unpaid leave protections for victims of domestic violence, sexual assault, stalking, or other crimes have been revised.
California’s governor signed a bill that amends California’s Healthy Workplaces Healthy Families Act (HWHFA), the statewide paid sick leave law. AB 2499 expands who qualifies for “safe” leave if they are a victim of certain criminal offenses, along with the reasons they can use leave when they are.
Additionally, AB 2499 revises, and transfers from the Labor Code to the Fair Employment & Housing Act, unpaid leave requirements for victims of domestic violence, sexual assault, stalking, or other crimes, and those performing jury duty or complying with a subpoena or court order to be a witness. These amendments will take effect on January 1, 2025.
AB 2499 makes three notable changes to the HWHFA: 1) Allows leave when a family member is a victim; 2) Extends to victims of “crime”; and 3) Expands the reasons an employee can use paid sick leave for “safe” time purposes.
Paid sick leave for “safe” time purposes will no longer be limited to employees who are victims; it must also be available when an employee’s family member is a victim.
Employers with 25 or more employees will be able to limit the amount of leave that an employee may take when they or a family member are a victim of a qualifying act of violence, or a crime victim who is appearing as a witness in court, as follows:
- Qualifying Act of Violence Victim: 12 weeks (total).
- Relocation or Enrolling a Child in a New School or Childcare when Family Member Is a Crime Victim (Non-Fatal): 5 days.
- Family Member Is a Crime Victim (Non-Fatal): 10 days.
Employers will be able to use a state-created form, Survivors of Violence and Family Members of Victims Right to Leave and Accommodations, or they can develop their own if it is substantially similar in content and clarity to the state’s form. The state-created form will be made available in numerous languages other than English.
California Eliminates Employers’ Ability to Require Employees to Use Vacation Before They Receive State Paid Family Leave Benefits – AB 2123 – Beginning January 1, 2025
Summary
- Employers will no longer be able to require employees to use up to two weeks of vacation before they receive paid family leave insurance benefits.
- Employees will have access sooner to paid family leave insurance benefits.
Changes can have a knock-on effect concerning substituting paid leave under federal FMLA and California CFRA but should not impact San Francisco PPLO compliance.
AB 2123 represents California's recent piecemeal change to its PFL program.
Both the federal Family and Medical Leave Act (FMLA) and California Family Right Act (CFRA) potentially limit an employer’s ability to require employees to use paid time off benefits, e.g., vacation, sick leave, or PTO, when an employee is receiving payment – even if only partial – under a disability plan or program during a qualifying FMLA or CFRA absence.
With only a few months before this change takes effect, now is an opportune time for employers to review their policies concerning extended leaves of absence, vacation (or PTO), and employee contributions for benefits to see whether and how changes made by AB 2123 might affect operations in 2025. Additionally, for companies that condition entitlement to company-provided paid family-medical leave benefits on an employee applying for state benefits, or exhausting short-term company-provided benefits before they qualify for long-term company-provided benefits, AB 2123’s changes might provide the motivation to do an overdue policy review.
Please consult your human resources council to make sure these new laws are implemented before the start of the New Year.
