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Quick Hits
- California employees who are victims of qualifying acts of violence or whose family members are victims of qualifying acts of violence may take unpaid time off for related reasons.
- The California Civil Rights Department (CRD) published a notice that employers must provide to employees that emphasizes that employees have a right to ask for a reasonable accommodation to “make sure [they] are safe at work.”
Assembly Bill (AB) 2499, which Governor Gavin Newsom signed in September 2024, expressly required the CRD to publish such a notice by July 1, 2025.
The notice and guidance explain that California law allows employees to take time off for certain reasons relating to their or their family members’ experience with qualifying acts of violence, as California law defines them. These reasons include taking time off to attend administrative and court proceedings or to care for a family member recovering from injuries caused by violence.
Employers have similar responsibilities in addressing qualifying acts of violence-related workplace accommodation requests that they do when employees request disability-related reasonable accommodations. Examples of such accommodations include changing an employee’s work phone number, letting the employee carry a phone at work, and modifying the employee’s work schedule.
Employers must engage in the interactive process with employees and must consider whether the employee or family member is facing immediate danger. The guidance also explains that employers must consider whether the accommodation would make the workplace unsafe for other employees or would cause undue hardship for the employer.
The CRD notice and guidance also emphasize that employers must keep covered leave requests and documentation relating to experiencing a qualifying act of violence confidential except when the employer must respond to a court order or subpoena or when the employer must disclose information in order to protect an employee’s safety at work. The employer must provide notice to the employee before disclosing the employee’s or the employee’s family member’s information.
Next Steps
California employers may wish to consider incorporating reasonable accommodation processes into their workplace violence policies, reasonable accommodation policies, or both. Employers also may wish to consider training Human Resources and/or managers about the CRD’s new notice and FAQ guidance.
Ogletree Deakins’ Leaves of Absence/Reasonable Accommodation Practice Group, Workplace Safety and Health Practice Group, and Workplace Violence Prevention Practice Group will continue to monitor developments and will post updates on the California, Leaves of Absence, Workplace Safety and Health, and Workplace Violence Prevention blogs as additional information becomes available.
On July 25, 2025, Ogletree Deakins will host a webinar providing an in-depth discussion of the requirements for California employers regarding their responsibilities for leaves and accommodations related to workplace violence and threats. Stay tuned to our webinars page for more information.
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