Victims’ Leave and Accommodation

• Effective January 1, 2025, California revised and expanded its leave requirements for victims, both broadening the definition of “victim” under the law and expanding the reasons for which this leave may be taken.

Under California law, employers must provide leave to employees who are victims of a qualifying act of violence, or who have a family member that is a victim of a qualifying act of violence for various reasons, including, for example:

• Legal proceedings to obtain relief, such as a restraining order; or
• For medical treatment and other services directly related to the qualifying act of violence.

A “victim” is an individual who suffers a “qualifying act of violence,” which is any of the following, regardless of whether anyone is arrested, prosecuted or convicted of committing any crime:

• Domestic violence.
• Sexual assault.
• Stalking.
• An act, conduct, or pattern of conduct in which an individual does any of the following:
• Causes bodily injury or death to another individual.
• Exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual.
• Uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.

Employers must also provide reasonable accommodations for employees who are victims or whose family member is a victim. The following sections will discuss all these requirements in detail.