Written by Bibiyan Law Group, P.C. — California Employment Lawyers
(Founded by David Bibiyan)
Key Point:
- California AB 2499 gives employees the right to take protected leave and receive workplace accommodations if they or a qualifying family member is a victim of violence.
- The law now applies to virtually every employer in the state, regardless of company size, and enforcement moved to the California Civil Rights Department under FEHA.
- If your employer denied AB 2499 leave or retaliated against you for requesting it, you may have a legal claim.
California AB 2499, effective January 1, 2025, gives employees across California the right to take protected leave and receive workplace accommodations if they or a qualifying family member are victims of violence. The law now applies to virtually every employer in the state, regardless of company size. If your employer denied this leave or retaliated against you for requesting it, you may have a legal claim.
Did your employer deny you time off or a safety accommodation after violence affected you or your family? Contact Bibiyan Law Group for a free, confidential consultation about your AB 2499 rights.
From our practice: Since AB 2499 took effect, we have seen employers deny leave simply because they were unaware the law now applies to every employer, regardless of size. In our experience, many of these denials are unlawful employment practices that support a claim.
What Is California AB 2499?
California AB 2499, also known as the Qualifying Act of Violence (QAV) leave law, amends California Government Code Section 12945.6. It dramatically expands an existing crime victims leave law and transfers enforcement to the California Civil Rights Department (CRD) under the Fair Employment and Housing Act (FEHA).
This is a significant shift. Before AB 2499, victims’ leave was enforced under the Labor Code. Now it is treated like other forms of workplace discrimination and harassment, which means employees have stronger enforcement tools, broader remedies, and the right to file a complaint directly with the CRD.
Key Changes Under California AB 2499 at a Glance
|
What Changed |
What It Means for You |
|
New definition: “qualifying act of violence” |
Broader than old crime victim laws. Covers domestic violence, sexual assault, stalking, threats, and acts causing physical or mental injury. |
|
All employers covered, regardless of size |
Even employers with just one employee must comply. Prior law only applied to employers with 25 or more employees. |
|
Family members of victims are also protected |
You can take leave to help a spouse, parent, child, grandparent, sibling, or designated person who is a victim. |
|
Workplace safety accommodations required |
Employers must provide schedule changes, location transfers, new contact information, locks, and other safety measures. |
|
Enforcement moved to FEHA and CRD |
Violations are now treated as unlawful employment practices, giving employees stronger remedies. |
|
Employer notice requirement |
Employers must give written notice of AB 2499 rights at hire, annually, on request, and when a victim discloses their situation. |
What Qualifies as a "Qualifying Act of Violence" Under AB 2499?
California AB 2499 replaces the older crime victim definition with a broader standard. A qualifying act of violence includes:
- Domestic violence
- Sexual assault
- Stalking
- A threat that causes injury or death using a weapon
- Any act that causes physical or mental injury to a person
The law also covers acts that occurred outside California, as long as the employee works in California or the act would have been illegal under California law. If you experienced workplace harassment or violence connected to one of these categories, you may also have additional protections under our California Sexual Harassment Lawyer practice area.
Who Is Covered as a "Family Member" Under California AB 2499?
One of the biggest expansions under California AB 2499 is who qualifies as a family member. The law now covers a much wider circle: child, parent or parent-in-law, grandparent or grandparent-in-law, grandchild, sibling, spouse or registered domestic partner, and a “designated person,” meaning any individual related by blood or whose association with the employee is the equivalent of a family relationship.
The designated person provision is one of the most important additions. It means you can take protected leave to help a close friend, roommate, or someone who functions as family, even if you are not legally related.
How Much Leave Can You Take Under AB 2499?
The amount of leave available depends on your relationship to the victim. The chart below breaks it down.
Chart: AB 2499 leave entitlements in California. Victims and family members of a deceased victim can take up to 12 weeks per year. Employees assisting a family member can take 5 to 10 days. The law applies to all employers, even those with one employee.
The leave can be unpaid, but employees can use their accrued paid sick leave to cover the time off. For details on how sick leave interacts with AB 2499, review the California Department of Industrial Relations resources on paid sick leave.
If your employer refused your leave request or a safety accommodation, that may be an unlawful employment practice. Talk to Bibiyan Law Group today, or call (310) 438-5555 for a free consultation.
Workplace Safety Accommodations Under AB 2499
California AB 2499 requires employers to provide reasonable workplace safety accommodations for employees who are survivors of violence, or whose family members are survivors. This applies to all employers with at least one employee. There is no minimum size threshold.
Examples of required accommodations include changing your work schedule or shift, transferring you to a different location or position, installing locks or security devices at your workstation, providing a new work email address or phone number, and adjusting your seating assignment.
If your employer has refused to provide a reasonable accommodation after you disclosed a safety concern, contact our Los Angeles Employment Lawyer team to discuss your options.
How Enforcement Works Under California AB 2499
California AB 2499 moves enforcement to FEHA and the California Civil Rights Department, placing these violations in the same legal category as workplace discrimination and harassment.
This matters for two reasons. First, employees now have access to a broader range of remedies, including damages for emotional distress, reinstatement, and attorney’s fees. Second, the CRD has stronger investigative authority than the Labor Commissioner for these types of claims.
If you believe your employer violated your rights under California AB 2499, you can file a complaint directly with the CRD. You have up to one year from the date of the violation to file. For guidance on what to expect after filing, see our post I Am Feeling Discriminated Against at Work, Can I Sue?
Real Examples of AB 2499 Protections in Practice
The family caregiver. Rosa’s daughter was sexually assaulted. Rosa needed two weeks off to accompany her daughter to counseling and court hearings and help her relocate to a safer apartment. Her employer denied the request. Under California AB 2499, Rosa is entitled to that leave, and if she was fired for taking it, she may have a wrongful termination claim.
The designated person. Marcus’s roommate and close friend of 10 years was stabbed during a robbery. Marcus needed time off to visit him in the hospital and accompany him to a court proceeding. Before AB 2499, Marcus had no legal protection. Under the new designated person provision, Marcus is covered.
The stalking victim. Priya was being stalked by a former partner. She asked her employer to change her schedule and transfer her to a different office for safety. Her employer refused. Under California AB 2499, those are reasonable accommodations her employer is required to provide.
These are not edge cases. Employees across Los Angeles, the Bay Area, and throughout California have faced exactly these situations for years. AB 2499 gives them real legal protection.
What to Do If Your Employer Violates California AB 2499
- Document everything. Save all emails, texts, and written communications about the leave or accommodation request, and note verbal conversations.
- Request the notice. Ask your employer in writing for the required AB 2499 notice of rights. Their response, or lack of one, is relevant to your claim.
- File a complaint with the CRD. You have up to one year from the date of the violation.
- Consult an employment attorney. You may be entitled to damages, reinstatement, and attorney’s fees.
If you were terminated for taking AB 2499 leave or requesting an accommodation, see our Los Angeles Wrongful Termination Lawyer page. AB 2499 is part of a broader trend of expanding employee protections. For context on other recent changes, see our posts on the California Stay-or-Pay Ban AB 692 and the California Workplace Rights Notice SB 294.
How Bibiyan Law Group Can Help
At Bibiyan Law Group, we represent California employees, not corporations. Our attorneys have recovered more than $400 million in settlements and verdicts for workers across Los Angeles, San Francisco, San Diego, Orange County, and throughout Southern and Northern California. We handle cases involving denied leave, wrongful termination, workplace discrimination, and harassment.
If your employer denied your AB 2499 leave request, refused a safety accommodation, or retaliated against you for asserting your rights, contact us. The consultation is free and confidential. You pay nothing unless we recover money for you.
Schedule your free consultation with Bibiyan Law Group today.
Frequently Asked Questions
Yes. California AB 2499 protects all employees in California regardless of immigration status. The law does not require an employee to disclose their immigration status to assert their rights under AB 2499.
No. Retaliation for taking protected leave under California AB 2499 is an unlawful employment practice under FEHA. If you are terminated, demoted, or disciplined for requesting or taking this leave, you may have a wrongful termination or retaliation claim.
The leave does not have to be paid by your employer, but you can use your accrued paid sick leave to cover the time. Some employers may have separate policies providing paid victims leave. Check your employee handbook.
Yes. This is one of the most important changes under California AB 2499. The prior law only applied to employers with 25 or more employees. AB 2499 applies to all employers with at least one employee, which means virtually no employer in California is exempt.
You have one year from the date of the violation to file a complaint with the California Civil Rights Department. Do not wait. Evidence becomes harder to preserve over time, and deadlines under California employment law are strictly enforced.
About the Author
David Bibiyan, Esq. is the founding attorney of Bibiyan Law Group, P.C., also operating as Tomorrow Law. He is a member of the California State Bar and has dedicated his career exclusively to representing California employees, never employers, in wrongful termination, discrimination, harassment, retaliation, and wage and hour matters. Under his leadership, the firm has recovered more than $400 million in settlements and verdicts for workers across Los Angeles, Orange County, San Diego, San Francisco, Sacramento, and throughout California. The firm’s attorneys practice before the California Civil Rights Department, the Division of Labor Standards Enforcement, and state and federal courts across California.
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Disclaimer: This content is for informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. Legal results vary by case and are never guaranteed. Bibiyan Law Group P.C. also operates as Tomorrow Law.
David Bibiyan, a top attorney at Tomorrow Law™, specializes in employment law, fiercely defending employees in cases of discrimination, harassment, wrongful termination, and wage issues. Known for his deep legal knowledge and dedication, he consistently secures favorable outcomes through skillful negotiation and litigation. His passion for justice drives his commitment to workers’ rights and fair employment practices.