{"id":43950,"date":"2025-01-24T00:19:45","date_gmt":"2025-01-24T00:19:45","guid":{"rendered":"https:\/\/peraltafinancing.com\/business\/legal\/new-and-improved-california-leave-provisions-for-2025\/"},"modified":"2025-01-24T00:19:45","modified_gmt":"2025-01-24T00:19:45","slug":"new-and-improved-california-leave-provisions-for-2025","status":"publish","type":"post","link":"https:\/\/fivemor.com\/?p=43950","title":{"rendered":"New and Improved California Leave Provisions for 2025"},"content":{"rendered":" \r\n
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Update:\u00a0<\/em><\/strong>On December 2, 2024, California updated its Paid Sick Leave Frequently Asked Questions<\/a>, which address the expanded reasons for use of California paid sick leave detailed below.\u00a0<\/p>\n\n\n\n

Seyfarth Synopsis:<\/em><\/strong>\u00a0 Out with the old and in with the new.\u00a0 Governor Newsom recently signed new laws which extend and clarify employees\u2019 available reasons for use of California paid sick leave.\u00a0 There are expanded unpaid leave protections for victims of domestic violence, sexual assault, stalking, or qualifying acts of violence, as well as for employees summoned to jury duty or responding to a subpoena or court order to testify under FEHA.\u00a0 The changes go into effect on January 1, 2025.\u00a0\u00a0<\/em><\/p>\n\n\n\n

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As we previously detailed<\/a>, in 2023, the California legislature significantly expanded the state\u2019s Healthy Workplaces, Healthy Families Act of 2014<\/em> (HWHFA), primarily by providing more leave.\u00a0 This year, Governor Newsom signed bills into law that expand paid sick leave protections.\u00a0<\/p>\n\n\n\n

Preventative Care for Outdoor Workers<\/strong><\/p>\n\n\n\n

In the last few years, California employment laws have zeroed in on extreme conditions.\u00a0 For example, Cal\/OSHA implemented heat illness standards<\/a>, and employees cannot be retaliated against for refusing to report to work in emergency conditions<\/a>. \u00a0In this vein, SB 1105<\/a> \u00a0provides that agricultural employees who work outside may use PSL to avoid smoke, heat, or flooding conditions created by a local or state emergency, including when a worksite is closed due to these conditions.\u00a0 The legislature considered this a clarification of the HWHFA\u2019s provision that PSL can be used for preventive care even though the previous FAQs<\/a> did not contemplate this definition.\u00a0\u00a0<\/p>\n\n\n\n

Victim Status Extended And PSL Used As Safe Time<\/strong>\u00a0<\/p>\n\n\n\n

SB 1105 and AB 2499<\/a> <\/em>collectively brought more expansive changes. Existing law provides for using PSL where there is domestic violence, sexual assault, and stalking; it will now be available to victims of \u201cqualifying acts of violence,\u201d i.e., conduct, or patterns of conduct that justify safe time, including when:<\/p>\n\n\n\n

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  1. an individual causes bodily injury or death to another individual;<\/li>\n\n\n\n
  2. an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual; and<\/li>\n\n\n\n
  3. an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.\u00a0<\/li>\n<\/ol>\n\n\n\n

    PSL Available If A Family Member Is A Victim<\/strong>\u00a0<\/p>\n\n\n\n

    The HWHFA previously limited use of PSL for safe time to when an employee was a victim.\u00a0 The combination of SB 1105 and AB 2499 extends this category of leave to employees whose family members are victims as well.\u00a0 (And, as a reminder, as of January 1, 2023 the HWHFA\u2019s definition of \u201cfamily member\u201d was expanded to include a \u201cdesignated person\u201d<\/a> of the employee.)<\/p>\n\n\n\n

    More Reasons To Use PSL\u00a0<\/strong><\/p>\n\n\n\n

    Previously, an employee-victim could only use PSL for their own reasons (not to assist a family member) in a handful of specific categories.\u00a0 AB 2499 extends existing rights to take time to obtain restraining orders, seek medical attention, obtain certain services or counseling and participate in safety planning to family members.\u00a0 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 in connection with qualifying acts of violence. <\/p>\n\n\n\n

    The law also allows employees to use paid sick leave for time spent serving on a jury or a victim who takes time off to appear as a witness in court in compliance with a subpoena or court order.<\/p>\n\n\n\n\n

    Protecting Leave For Jury Duty, Victims, And Subpoenaed Witnesses Under FEHA<\/strong><\/p>\n\n\n

    Previously the California Labor Code afforded unpaid leave protections for jury duty, victims serving as witnesses in compliance with a subpoena or court order, and victims of domestic violence, sexual assault, stalking, or crimes.\u00a0 AB 2499 reformulates these protections under the umbrella of the Fair Employment Housing Act.\u00a0 This shift gives the Civil Rights Department (\u201cCRD\u201d) enforcement authority over violations of these protections, and eliminates potential Private Attorneys\u2019 General Act claims for such violations.<\/p>\n\n\n

    This move came with additional changes, including limiting the duration of leave employers with at least 25 employees must provide.\u00a0 First, a victim of a qualifying act of violence may take no more than 12 weeks of unpaid leave.\u00a0 Second, if an employee\u2019s family member is a victim of a non-fatal crime, and the employee takes leave for the limited purpose of relocating or securing a new residence and enrolling a child in a new school or child care, the employee may take no more than 5 days of leave.\u00a0 Third, when an employee\u2019s family member is a victim of a non-fatal crime, the employee may take no more than 10 days of leave.<\/p>\n\n\n

    Absences that would also qualify under the Family and Medical Leave Act (FMLA) or CFRA must run concurrently if the employee is eligible.\u00a0<\/p>\n\n\n

    AB 2499 also expands eligibility for reasonable accommodations to include employees who are victims, or whose family members are victims of a qualifying act of violence to ensure the safety of the employee while at work.\u00a0<\/p>\n\n\n

    Required Notice<\/strong><\/p>\n\n\n

    Employers must inform employees of their rights under AB 2499 at the time of hire, annually, upon request, and if an employee provides notice that their family member is a victim as defined under the law.\u00a0<\/p>\n\n\n

    The CRD will be developing a form that complies with these notice requirements before July 1, 2025\u2014six months after the law goes into effect.\u00a0<\/p>\n\n\n

    Workplace Solutions<\/strong><\/p>\n\n\n

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