Two new California laws amend the state’s Healthy Workplaces, Healthy Families Act (HWHFA), expanding paid sick leave for employees who are victims of certain crimes and for agricultural workers due to emergencies.
The HWHFA, enacted in 2014, governs California’s paid sick leave laws and requirements. Assembly Bill 2499 and Senate Bill 1105 were signed into law by Gov. Gavin Newsom in September. AB 2499 expands upon permissible uses of leave for employees who are victims of certain crimes and moves unpaid leave requirements for victims from the Labor Code to the Fair Employment & Housing Act (FEHA). Meanwhile, SB 1105 allows agricultural employees to use paid sick leave in emergency conditions.
California Leave Laws for Crime Victim Employees
AB 2499 makes changes to both paid leave law (the HWHFA) and unpaid leave law (the FEHA). It transfers certain provisions from the Labor Code to new Government Code section 12945.8, causing them to be part of the FEHA (which is enforced by California’s Department of Civil Rights). These provisions concern unpaid leave protections for victims of domestic violence, sexual assault, stalking or certain other crimes; people performing jury duty; or people complying with a subpoena or court order to testify.
A key takeaway for employers is that they must inform employees in writing of their rights established under this new law. Employers must provide this information to newly hired employees, to all employees annually, when any employee requests it and whenever an employee informs the employer that the employee or a member of the employee’s family is a victim. The Department of Civil Rights will provide a form entitled “Survivors of Violence and Family Members of Victims Right to Leave and Accommodations” by July 1, 2025, which employers may use to comply with the provisions.
In amending the HWHFA, AB 2499 now expands the availability of paid sick leave for safety purposes to include employees whose family members are victims, as opposed to only employees who are victims themselves. The HWHFA cross-references Government Code section 12945.8 regarding the definition of “victim,” defined as “an individual against whom a qualifying act of violence is committed.” The definition of “qualifying act violence” was also expanded to include other crimes in addition to domestic violence, sexual assault and stalking. These other crimes include circumstances where:
- “an individual causes bodily injury or death to another individual,”
- “an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual” and
- where “an individual uses or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.”
AB 2499 gives employees greater ability to assist and care for family members by allowing them to use paid sick leave to help family members recover from a qualifying act of violence or with legal services regarding a qualifying act of violence.
Agricultural Employees Gain Paid Sick Leave for Emergencies
Under SB 1105, employers must provide paid sick days to agricultural employees who work outside when there are “smoke, heat or flooding conditions created by a local or state emergency.” This includes “when the employee’s worksite is closed due to the smoke, heat, or flooding conditions,” as well as when the Governor “proclaims a state of emergency” or “a local emergency is proclaimed… due to smoke, heat, or flooding conditions that prevent agricultural employees from working.”
California Labor Code section 9110 defines “agricultural employees” as those who work in:
- an agricultural occupation,
- an industry preparing agricultural products for the market on the farm or
- an industry handling products after harvest.
Labor Code section 246.5 already allows for the use of sick leave for “preventive care.” SB 1105 clarifies that adding the provision for agricultural workers does not change the existing law; it simply confirms that sick days can be used when needed for preventive care. Notably, “preventive care” is not defined, but based on the addition of the disclaimer to the bill, is likely to be interpreted broadly.
Employers should discuss these new provisions with legal counsel to ensure understanding of their implications. We encourage employers to contact Duckor Metzger & Wynne, APLC, Employment & Labor Law practice group Shareholder Rose Huelskamp Serrano or Shareholder Katherine C. Fine.
DMW Case Assistant Adam Roppo co-wrote this article.