Q I heard that California expanded the leave available for victims of domestic violence. Is that true? What are the new requirements?

A Starting Jan. 1, California’s amendment to the “victims of violence” leave law — AB 2499 — will become effective. Under this new law, employees who are victims of crime or abuse and who work for employers with 25 or more employees will have expanded workplace protections. Broadly speaking, AB 2499 expands victim-of-violence leave in three main ways.

First, AB 2499 expands the qualifying acts that give an employee a right to protected leave. Current law states that employees are generally able to take time off if they are victims of “crime or abuse” or “domestic violence, sexual assault, or stalking.” Under AB 2499, an employee may take time off for any “qualifying act of violence,” which is defined as “any act, conduct, or pattern of conduct” that includes (1) bodily injury to another, (2) the brandishing or drawing of a weapon, or (3) the perceived or actual threat to use force against another to cause physical injury. Further, an employee will be entitled to leave regardless of whether anyone is actually arrested, prosecuted, or convicted of committing a “qualifying act of violence.”

Second, AB 2499 extends the leave protections to employees whose family members are victims of crime or abuse. This is a major change. Previously, employees were generally only entitled to victim-of-violence leave if they were themselves victims of crime or abuse. Starting in 2025, employees will also be entitled to take leave if they have a family member who is a victim of a qualifying act of violence. Family members include children, parents, grandchildren, siblings, spouses, or “a designated person.” In this sense, victim of violence leave will mirror other protected forms of leave, like California Family Rights Act leave.

Third, employees will be able to take time off for additional purposes. For example, employees will be able to take time off to obtain counseling or mental health services, relocating or securing a new residence, providing care to family members who are victims of violence, and seeking legal services or participating in legal proceeding — civil or criminal.

Although AB 2499 greatly expands who can take leave and for what reasons, the right to leave is not unlimited. AB 2499 permits employers to limit the total leave an employee can take.

If the employee is the victim, the employer can limit their total leave allotment to 12 weeks. If the employee’s family member is the victim, the employer may general limit the total leave taken to five days for relocation, and 10 days total.

Employers may still require certification as a condition for providing leave, such as a police report, court order or other documentation verifying the employee’s (or family member’s) status as a victim.

Finally, it is worth noting that AB 2499 will make it unlawful for employers to discriminate or retaliate against employees who take time off under this law or because of their status as (or association with) a victim of violence.

Covered employers must provide employees with notice of these new protections by July 1.

The California Civil Rights Division is expected to publish its AB2499 form notice on or before that date.

Business owners with over 25 employees should consult with their legal counsel prior to the Jan. 1, effective date to ensure their handbooks and employment policies are compliant with AB 2499.

Marco Lucido is a lawyer with Fenton & Keller in Monterey. This column is intended to answer questions of general interest and should not be construed as legal advice. Email queries to email@fentonkeller.com.