Question: I heard that—yet again—there are changes to an employee’s right to paid time off in California. Is this true?
Answer: Yes. Last vall, Gov. Newsom signed Assembly Bill 406 to expand the reasons for which an employee may take protected leave. Specifically, AB 406 amended the Labor Code, the Healthy Workplaces, Healthy Families Act (HWHFA) and the California Fair Employment and Housing Act (FEHA) to allow employees to take paid time off or job protected leave for certain civic duties or for situations involving crimes. While some of the provisions of AB 406 were already in effect last fall, others became effective Jan. 1.
The updates that were already effective last fall relate to jury duty and witness leave. AB 406 amended the Labor Code to authorize the use of paid leave, including personal leave, paid sick leave, vacation, or other compensatory time that is available to an employee, for covered civic obligations. Under the law, a covered civic obligation is defined as jury service and witness testimony (e.g. appearing in court as a witness to comply with a subpoena or court order). Before this change, employees could take time off for these reasons, but they were not entitled to use available paid leave.
Beginning Jan. 1, AB 406 expanded leave rights for paid time off for victims of violence and their family members. Previously, the law allowed leave only for victims of domestic violence, sexual assault, or stalking. Under AB 406, employees can also take leave if they or a family member are a victim of an expanded list of crimes and are attending judicial proceedings related to that crime, including, but not limited to, any delinquency proceeding, a post-arrest release decision, plea, sentencing, postconviction release decision, or any proceeding where a right of that person is an issue. Moreover, he definition of a “victim” was broadened to include an individual who suffers direct or threatened physical, psychological, or financial harm as a result of specified crimes or delinquent acts, including: vehicular manslaughter while intoxicated; felony child abuse likely to produce great bodily harm or a death; assault resulting in the death of a child under 8 years old; felony domestic violence; felony physical abuse of an elder or dependent adult; felony stalking; solicitation for murder; a serious felony; hit-and-run causing death or injury; felony driving under the influence causing injury; or sexual assault.
As with jury and witness leave, the employee may choose to use personal leave, paid sick leave, or other compensatory time available to take time off for covered judicial proceedings.
Employers are prohibited from discharging, discriminating, or otherwise retaliating against an employee for taking qualifying leave under AB 406. Further, if requested, employers may need to provide a reasonable accommodation for an employee who is the victim of a covered crime, unless it would impose an undue hardship.
The leave laws in California are ever-expanding. Employers are encouraged to stay up-to-date on these laws and ensure proper training for managers and human resource staff. Employers with questions regarding these updates to the ever-expanding leave laws may contact their HR consultants or labor counsel.
Marco Lucido is a lawyer with Fenton & Keller in Monterey. This column is intended to answer questions of general interest and should not be construed as legal advice. Email queries to mlucido@fentonkeller.com
