California Crime Victim Unpaid Leave and Related Expansion of California Paid Sick Leave

Starting October 1, 2025, pursuant to Assembly Bill 406, California law prohibits discrimination or retaliation against an employee who is a victim of certain crimes or whose family member is a victim of such crimes based on the employee taking leave related to a “qualifying act of violence.”  A victim is defined as a person against whom a violent felony, serious felony, and/or felony theft or embezzlement is committed, as well as a person who suffers direct/threatened physical, psychological, or financial harm due to the commission or attempted commission of specific crimes or delinquent acts.  

Employers with 25 or more employees must also approve leave for a purpose related to a “qualifying act of violence.”  Though, employees should provide reasonable advanced notice where possible.  And employers may request certification to justify the leave.  Employees may choose to use paid sick leave for this expanded purpose.  Starting January 1, 2026, California law also allows for the use of protected unpaid leave for such victims or family members of victims, which may run concurrently with FMLA and CFRA leave where eligibility requirements are met. 

California employers should consult their employment counsel about this expanded use of paid sick leave and/or protected unpaid leave and ensure leave policies, manager training, and HR practices incorporate the expanded protection.  Also, California employers should consult with their counsel regarding the “Survivors of Violence and Family Members of Victims Right to Leave and Accommodations” notice, which must be given to new hires and to all employees annually and may be updated based on changes to the law.