Employment: unlawful discrimination: victims of violence.

Assembly Member Schiavo’s measure would reinstate a pre-2025 framework of protections for employees who are victims of crime or violence, restoring former Labor Code provisions on time off and retaliation and transferring enforcement of two related discrimination provisions from the Division of Labor Standards Enforcement to the Civil Rights Department, with immediate effect.

The core changes center on time-off rights and accommodations tied to violence- and crime-related proceedings. The reintroduced Labor Code section prohibits discharge or discrimination when an employee takes time off to serve on a trial or inquest jury, to attend court as a witness, or to obtain relief such as temporary restraining orders or other protective orders; starting January 1, 2026, the prohibition also covers time off to attend judicial proceedings related to the crime. A separate provision requires employers with 25 or more employees to allow leave for victims or their family members to obtain relief, seek medical attention, access victim services, receive psychological counseling, participate in safety planning or relocation, provide care, and pursue related legal services or proceedings. Definitions clarify who counts as a “victim” and who may qualify as a “family member,” and specify the offenses that trigger leave rights. The bill also adds a requirement for reasonable advance notice (where feasible), allowances for unscheduled absences with documented verification, confidentiality protections, and a good-faith interactive process to determine reasonable workplace accommodations.

Additional detail governs notice, confidentiality, and enforcement. Employers must inform employees of their rights in writing, with a department-developed form available in multiple languages, and with a timeline for posting and use. Certifications may include police reports, court orders, evidence from a prosecutor, or other documentation, and disclosures must remain confidential except as required by law or to protect safety. The measure introduces a framework for reasonable accommodations related to safety needs, permits retaliation-free requests for accommodations, and provides reinstatement and restitution in cases of unlawful discipline or discharge related to exercised rights. Notably, several provisions are time-limited: certain actions apply to alleged events through specific dates (for example, actions occurring on or before December 31, 2024 or December 31, 2025), and other sections specify sunset or reversion timelines, with some provisions remaining in effect only until January 1, 2035.

Beyond leave and accommodations, the bill expands paid sick days under a related provision. It delineates when paid sick days may be used for health-related needs, clarifies that leave associated with crime- or abuse-related purposes is covered, and sets conditions for use by agricultural workers under smoke, heat, or flood emergency situations. It also adds protections against using paid leave to suppress whistleblower or investigative conduct, and it broadens the scope of who counts as an “employee” for purposes of these sick-leave protections. The overall framework would shift enforcement of two discrimination provisions linked to attending judicial proceedings from the Division of Labor Standards Enforcement to the Civil Rights Department, aligning with the broader FEHA enforcement structure.

Taken together, the measure would modify how victims’ rights are communicated, verified, and acted upon in the workplace, expand leave options tied to violence and crime, and reorganize enforcement to a civilian rights agency. The urgency provision signals immediate implementation, and the included multilingual notice form aims to ensure workers and employers understand the rights and duties established under the bill. The changes interact with existing civil rights and labor protections by re-centering victims’ access to relief, protections from retaliation, and workplace accommodations within a coordinated state framework.