New legislation in 2025 addressing Leaves, Employee Rights and Notices
Leaves
AB 2499 - Expansion of Paid Sick Leave Rights
Assembly Bill 2499 (AB 2499) broadens the range of crimes for which victims of crime or abuse can take protected time off work and allows employees to take time off work in order to support family members who are victims of specified crimes, permitting the use of state-paid sick leave for these purposes. Further, the law shifts enforcement to the Civil Rights Department (CRD) under the Fair Employment and Housing Act (FEHA).
AB 2499 enhances these existing protections via new Government Code § 12945.8 (repealing §§ 230 and 230.1 of the Labor Code), introducing the term “qualifying act of violence” (QAV), which replaces previous reference to “crime or abuse.” QAVs include domestic violence, sexual assault, stalking, and acts causing bodily injury, death, or threats of harm, regardless of arrest or prosecution. Employers with 25 or more employees are prohibited from discriminating or retaliating against employees for taking leave related to a QAV (pertaining either to the employee or their family member, as the term is defined under CFRA), which now includes time to pursue legal actions, counseling, relocation, or support services.
The law allows employees to take paid sick leave for QAV-related reasons, with new limits on total leave: 12 weeks for victims, up to five days for family relocation, and 10 days for other leave with a minimum of 12 weeks if a family member dies from a QAV. Employers must provide reasonable accommodations, such as schedule adjustments or safety measures in a timely and interactive process. Additionally, employers must provide written notice of these rights to new hires, employees annually, and when an employee or their family member is victimized, using the CRD form. However, notice is not required until the CRD develops a new form entitled “Survivors of Violence and Family Members of Victims Right to Leave and Accommodations,” which must be made available no later than July 1, 2025.
AB 2123 - Paid Family Leave
Under AB 2123, employees cannot be required to use vacation before receiving paid family leave insurance benefits. The state provides eligible employees with paid family leave to care for seriously ill family members, bond with new children, and assist when a military family member is deployed to a foreign country. Not all public employers participate in the paid family leave program. AB 2123 amended Unemployment Insurance Code § 3303.1.
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Employee Rights
SB 399 - Ban on Religious, Political, and Anti-Union Captive Audience Meetings
SB 399 prohibits employers from holding "captive audience meetings." Employers are prohibited from requiring employees to attend meetings where the employer’s opinions on political or religious matters are discussed. Per the new law, “political matters” include topics related to elections, political parties, regulation, and decisions to join or support any political or labor organizations. “Religious matters” pertain to religious affiliation, practice, and decisions to join or support any religious organization or association. Employers cannot threaten, discharge, discriminate against, retaliate against, or take any other adverse action against employees who decline to attend such meetings or refuse to participate in related communications. Employees who choose not to attend these meetings must continue to be paid if they were scheduled to work during that time. Employers who violate SB 399 are subject to a civil penalty of $500 per employee for each violation.
SB 1100 – Driver’s License Requirement in Job Postings
SB 1100 amended the California Fair Employment and Housing Act (FEHA) to address potential discrimination against individuals without driver’s licenses. SB 1100 makes it unlawful for employers to include statements in job postings, advertisements, applications, or other employment materials that an applicant must possess a driver’s license, unless driving is reasonably expected to be a job function and if alternate forms of transportation (such as ride-sharing services, carpooling, or walking) are not feasible in terms of cost to the employer or comparable in travel time.
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Notices
AB 1870 - Workers’ Compensation Workplace Notice
AB 1870 amended § 3550 of the California Labor Code to enhance workers’ compensation notices. Employers are required to include information in these notices about an injured employee’s right to consult an attorney regarding employee’s rights under workers’ compensation laws and that in most instances, attorney’s fees will be paid from the injured employee’s recovery. The updated notice must be posted in a conspicuous location frequented by employees and easily readable during work hours.
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