What Is Victim-of-Violence Leave Under California’s Updated 2025 Law?
As of January 1, 2025, Assembly Bill 2499 replaced California’s older Labor Code sections 230 and 230.1 with significantly stronger protections under the Fair Employment and Housing Act (FEHA). The law introduces the term “qualifying act of violence” (QAV) — an expanded definition covering domestic violence, sexual assault, stalking, and any act involving bodily injury, a dangerous weapon, or a credible threat of physical force (Fisher Phillips, 2024).
Enforcement authority moved from the Division of Labor Standards Enforcement (DLSE) to the California Civil Rights Department (CRD) — the same agency that enforces discrimination and harassment law. That shift matters: victims now have access to the same complaint process, civil litigation rights, and remedies available under FEHA.
Key protections under AB 2499 include:
- Job-protected leave for employees who are victims of a qualifying act of violence
- Leave rights for employees whose family member is a victim
- The right to reasonable workplace accommodations for your safety
- Freedom from retaliation, demotion, suspension, or termination
- A mandatory employer notice requirement (effective July 1, 2025)
Who Qualifies for Victim-of-Violence Leave in California?
Nearly 1 in 3 women in California will experience sexual violence in their lifetime — and many of those survivors are working people who need time to address their situation without risking their livelihood (California Civil Rights Department, 2025). AB 2499 extended eligibility beyond the victim themselves to include their family members — a landmark expansion of prior law.
You qualify for victim-of-violence leave protections if:
- You are a direct victim of a qualifying act of violence (domestic violence, sexual assault, stalking, bodily injury, a dangerous-weapon incident, or a credible threat of force)
- You have a family member who is a victim — including a child, parent, grandparent, grandchild, sibling, spouse, domestic partner, or a self-designated person (someone whose relationship to you is equivalent to family)
- You work for any employer in California (anti-retaliation protections apply to all employer sizes; expanded leave rights apply to employers with 25+ employees)
Critically, eligibility does not depend on whether anyone was arrested, prosecuted, or convicted for the act of violence. The law protects you regardless.
What Are the Permitted Reasons for Taking Leave?
A 2025 report by the National Domestic Violence Hotline found that 79% of survivors said domestic violence made it harder to work — yet 53% never told their employer, fearing discrimination or job loss (National Domestic Violence Hotline / Futures Without Violence, 2025). AB 2499 expanded the list of protected reasons to take leave well beyond what the old law allowed — giving survivors more flexibility to address their circumstances safely.
You may take protected time off for any of the following:
- Obtaining or attempting to obtain a restraining order or other injunctive relief
- Seeking or receiving medical attention for injuries
- Obtaining services from a domestic violence shelter or victim services organization
- Seeking psychological counseling or mental health services
- Participating in safety planning
- Relocating or securing new housing (including enrolling children in a new school)
- Providing care to a family member recovering from injuries
- Seeking or obtaining civil or criminal legal services
- Preparing for, attending, or participating in civil, administrative, or criminal legal proceedings
- Seeking or providing childcare or care for a dependent adult if necessary for their safety
How Much Leave Can You Take?
More than 6 in 10 survivors in a 2025 survey said they specifically needed time off to care for their mental and emotional health — including time for counseling — yet over two-thirds were unaware of the leave protections available to them (National Domestic Violence Hotline, 2025). Under AB 2499, the amount of protected leave you can take depends on whether you are the victim or are assisting a family member.
If you are the victim: Up to 12 weeks of protected leave per year (for employers with 25+ employees).
If you are assisting a family member who is a victim: Up to 10 days total — no more than 5 of those days may be used for relocation purposes. Exception: if the family member was killed as a result of the violence, you may take up to 12 weeks.
This leave runs concurrently with any leave available under the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA). It does not create leave rights that exceed what FMLA provides.
What Are Your Rights as an Employee?
Domestic violence costs U.S. employers roughly $1.8 billion annually in lost productivity — victims lose approximately 8 million days of paid work per year (U.S. Department of Labor, via SHRM). California’s AB 2499 recognizes this and gives you enforceable rights designed to keep you employed while you address your safety.
Under AB 2499, your employer is prohibited from:
- Firing, demoting, or suspending you because of your status as a victim (or your family member’s status) as a victim of a qualifying act of violence
- Retaliating against you for taking leave, requesting accommodations, or participating in legal proceedings
- Discriminating against you in any term, condition, or privilege of employment
- Disclosing your confidential leave information without authorization
You have the right to return to the same or a comparable position after your leave ends — with the same pay, benefits, seniority, and working conditions.
Your Right to Reasonable Workplace Accommodations
Even when you are not on leave, you may request a reasonable accommodation to keep you safe at work. Examples under AB 2499 include a workstation change, modified schedule, permission to keep a phone on your person, call forwarding, installing locks, a transfer to another location, or a referral to a victim assistance organization. Your employer must engage in an interactive process with you to identify a workable solution — and cannot deny an accommodation without demonstrating undue hardship.
What Are Employer Responsibilities Under AB 2499?
Employers in California now have significantly expanded duties — and a new notice obligation that took effect July 1, 2025. The California Civil Rights Department (CRD) published a model notice that employers must provide to all employees, informing them of their rights under AB 2499 (California Civil Rights Department, 2025). Failure to provide this notice is an independent violation of law.
Employer responsibilities include:
- Distributing a written notice (substantially similar to the CRD model) informing all employees of their leave rights
- Maintaining strict confidentiality about an employee’s status as a victim and all related documentation
- Engaging in an interactive process for any accommodation request
- Training managers to handle leave requests without judgment and in compliance with FEHA
- Updating workplace violence policies to reflect the new “qualifying act of violence” definition
With enforcement now under the CRD, employers face civil liability — not just labor code penalties. Employees may file CRD complaints and pursue civil lawsuits, with remedies including back pay, compensatory damages, reinstatement, and attorney’s fees.
What Documentation and Notice Are Required?
Employees should give reasonable advance notice of the need for leave whenever possible — but no notice is required in an emergency or when it is not feasible to provide advance notice. Your employer may request documentation verifying your or your family member’s status as a victim.
Acceptable documentation includes:
- A police report
- A court order (e.g., a restraining order or criminal protective order)
- A written statement from a licensed medical professional, domestic violence counselor, or victim advocate
- Any documentation that reasonably verifies the qualifying act of violence occurred — including a written statement signed by you
Your employer must keep all documentation strictly confidential, separate from your personnel file, and limit access to HR personnel and managers with a direct need to know.
Is Victim-of-Violence Leave Paid or Unpaid?
Victim-of-violence leave under AB 2499 is generally unpaid — but you are not necessarily without income. You have multiple options that may allow you to receive pay during your absence:
- Accrued paid sick leave: California Labor Code § 246.5 allows you to use paid sick days for leave related to domestic violence, sexual assault, or stalking. A 2025 amendment extends this benefit when a family member is a victim (Littler, 2025)
- PTO or vacation time: You may use accrued paid time off if your employer’s policies permit substitution
- State Disability Insurance (SDI): May apply if you are unable to work due to physical injury or mental health impacts related to the violence
- Paid Family Leave (PFL): May be available if you are caring for a seriously ill family member who is a victim
Before taking leave, speak with your HR department about all available paid options so you can make the most financially informed decision.
Best Practices for Employees and Employers
What Employees Should Do
- Know your rights — request a copy of the CRD model notice from your HR department
- Communicate with HR or a trusted supervisor as early as you safely can
- Document all leave requests, responses from management, and any adverse actions in writing
- Contact an employment attorney immediately if you are retaliated against or denied a lawful accommodation
What Employers Should Do
- Distribute the CRD model notice and update your employee handbook to reflect AB 2499
- Train all managers on the expanded qualifying act of violence definition and confidentiality rules
- Establish a confidential, non-judgmental channel for employees to disclose their situation
- Partner with local domestic violence organizations to offer employee assistance resources
Resources and Support for Victims
If you are in immediate danger, call 911. For support, documentation assistance, and legal guidance, the following resources are available to all Californians:
- National Domestic Violence Hotline: 1-800-799-SAFE (7233) | TTY 1-800-787-3224 | Text START to 88788
- California Civil Rights Department: calcivilrights.ca.gov | 800-884-1684 | File a complaint at calcivilrights.ca.gov/complaintprocess
- CRD’s AB 2499 Survivors’ Guide (English): Survivors’ Right to Time Off FAQs (PDF)
- Legal aid services: Contact your county’s legal aid society or your local bar association referral service for free or low-cost legal help
If your employer denied you leave or retaliated against you after you disclosed your status as a victim, you have the right to file a CRD complaint and pursue civil action in court.
If your employer has denied you time off and you have been the victim of a violent crime or domestic abuse, call us at 1-866-355-9991 for a free and confidential victim-of-violence consultation.
Frequently Asked Questions
Does victim-of-violence leave apply to all California employers?
Anti-retaliation and anti-discrimination protections under AB 2499 apply to all California employers, regardless of size. The expanded leave rights — including the 12-week leave limit and the right to take leave to assist a family member — apply specifically to employers with 25 or more employees. Even at smaller companies, no employer may fire, demote, or penalize you for your status as a victim of a qualifying act of violence (Fisher Phillips, 2024).
Can I take victim-of-violence leave to help a family member, not just myself?
Yes — this is one of the most important expansions under AB 2499. You may take up to 10 days of protected leave (no more than 5 for relocation) to assist a family member who is a victim of a qualifying act of violence. “Family member” includes children, parents, grandparents, grandchildren, siblings, spouses, domestic partners, and a self-designated person equivalent to family. If the family member died as a result of the violence, leave extends to 12 weeks (California Civil Rights Department, 2025).
What if I am afraid to tell my employer I am a victim?
This fear is extremely common — a 2025 survey found 53% of survivors never disclosed their abuse to employers out of fear of discrimination or job loss (NDVH, 2025). California law requires strict confidentiality: your employer cannot share your disclosure without your consent and must store related documents separately from your personnel file. Any retaliation after disclosure is an unlawful employment practice you can pursue through the CRD or in civil court.
Is victim-of-violence leave paid?
AB 2499 leave is generally unpaid, but you may substitute accrued paid sick leave, PTO, or vacation time. California Labor Code § 246.5 (amended in 2025) allows paid sick days to be used for domestic violence, sexual assault, or stalking-related leave — now including when a family member is the victim (Littler, 2025). State Disability Insurance (SDI) or Paid Family Leave (PFL) may also apply depending on your medical situation.
What happens if my employer fires me for taking victim-of-violence leave?
Terminating or retaliating against you for taking victim-of-violence leave is an unlawful employment practice under FEHA. You may file a complaint with the California Civil Rights Department (CRD) and, after receiving a right-to-sue notice, pursue a civil lawsuit. Remedies can include reinstatement, back pay, compensatory damages for emotional distress, and attorney’s fees. The statute of limitations is generally three years from the retaliatory act (California Civil Rights Department).
