New And Improved California Leave Provisions For 2025 - Employee Rights/ Labour Relations - Employment and HR (2025)

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Seyfarth Synopsis: Out with theold and in with the new. Governor Newsom recently signed new lawswhich extend and clarify employees' available reasons for useof California paid sick leave. There are expanded unpaid leaveprotections for victims of domestic violence, sexual assault,stalking, or qualifying acts of violence, as well as for employeessummoned to jury duty or responding to a subpoena or court order totestify under FEHA. The changes go into effect on January 1,2025.

As we previously detailed, in 2023,the California legislature significantly expanded the state'sHealthy Workplaces, Healthy Families Act of 2014 (HWHFA),primarily by providing more leave. This year, Governor Newsomsigned bills into law that expand paid sick leave protections.

Preventative Care for Outdoor Workers

In the last few years, California employment laws have zeroed inon extreme conditions. For example, Cal/OSHA implemented heat illness standards,and employees cannot be retaliated against for refusing to reportto work in emergency conditions. In this vein, SB 1105 provides that agricultural employeeswho work outside may use PSL to avoid smoke, heat, or floodingconditions created by a local or state emergency, including when aworksite is closed due to these conditions. The legislatureconsidered this a clarification of the HWHFA's provision thatPSL can be used for preventive care even though the current FAQs do not contemplate this definition. Weexpect California to update its FAQs to address this and thechanges addressed in AB 2499 before the end of the year.

Victim Status Extended And PSL Used As SafeTime

SB 1105 and AB 2499 collectivelybrought more expansive changes. Existing law provides for using PSLwhere there is domestic violence, sexual assault, and stalking; itwill now be available to victims of "qualifying acts ofviolence," i.e., conduct, or patterns of conduct that justifysafe time, including when:

1. an individual causes bodily injury or death to anotherindividual;
2. an individual exhibits, draws, brandishes, or uses a firearm,or other dangerous weapon, with respect to another individual;and
3. an individual uses, or makes a reasonably perceived or actualthreat to use, force against another individual to cause physicalinjury or death.

PSL Available If A Family Member Is AVictim

The HWHFA previously limited use of PSL for safe time to when anemployee was a victim. The combination of SB 1105 and AB 2499extends this category of leave to employees whose family membersare victims as well. (And, as a reminder, as of January 1, 2023 theHWHFA's definition of "family member" was expanded toinclude a "designated person" of theemployee.)

More Reasons To Use PSL

Previously, an employee-victim could only use PSL for their ownreasons (not to assist a family member) in a handful of specificcategories. AB 2499 extends existing rights to take time to obtainrestraining orders, seek medical attention, obtain certain servicesor counseling and participate in safety planning to family members.It also creates new explicit rights to take time for relocation,enrolling children in a new school, obtaining legal services,participating in legal proceedings and obtaining childcare inconnection with qualifying acts of violence.

The law also allows employees to use paid sick leave for timespent serving on a jury or a victim who takes time off to appear asa witness in court in compliance with a subpoena or courtorder.

Protecting Leave For Jury Duty, Victims, And SubpoenaedWitnesses Under FEHA

Previously the California Labor Code afforded unpaid leaveprotections for jury duty, victims serving as witnesses incompliance with a subpoena or court order, and victims of domesticviolence, sexual assault, stalking, or crimes. AB 2499 reformulatesthese protections under the umbrella of the Fair Employment HousingAct. This shift gives the Civil Rights Department ("CRD")enforcement authority over violations of these protections, andeliminates potential Private Attorneys' General Act claims forsuch violations.

This move came with additional changes, including limiting theduration of leave employers with at least 25 employees mustprovide. First, a victim of a qualifying act of violence may takeno more than 12 weeks of unpaid leave. Second, if an employee'sfamily member is a victim of a non-fatal crime, and the employeetakes leave for the limited purpose of relocating or securing a newresidence and enrolling a child in a new school or child care, theemployee may take no more than 5 days of leave. Third, when anemployee's family member is a victim of a non-fatal crime, theemployee may take no more than 10 days of leave.

Absences that would also qualify under the Family and MedicalLeave Act (FMLA) or CFRA must run concurrently if the employee iseligible.

AB 2499 also expands eligibility for reasonable accommodationsto include employees who are victims, or whose family members arevictims of a qualifying act of violence to ensure the safety of theemployee while at work.

Required Notice

Employers must inform employees of their rights under AB 2499 atthe time of hire, annually, upon request, and if an employeeprovides notice that their family member is a victim as definedunder the law.

The CRD will be developing a form that complies with thesenotice requirements before July 1, 2025—six months after thelaw goes into effect.

Workplace Solutions

As AB 2499 and SB 1105 go into effect in less than three months,here are some next steps for employers to consider:

• Review existing leave policies and practices to ensurecompliance with the new laws, including related attendance,conduct, anti-retaliation, and discipline policies andpractices.
• Train supervisory and managerial employees, and HR on the newrequirements.
• Develop a form to comply with the notice requirements to use inadvance of the CRD's development of a form.

The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.