§ 12945.8. — 12945.8. (Amended by Stats. 2025, Ch. 148, Sec. 1.)

California § 12945.8.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 3.
• Title 2.: DIVISION 3. EXECUTIVE DEPARTMENT
• Part 2.8.: PART 2.8. CIVIL RIGHTS DEPARTMENT
• Ch. 6.: CHAPTER 6. Discrimination Prohibited
• Art. 1.: ARTICLE 1. Unlawful Practices, Generally

Text

(a)
An employer shall not do any of the following:
(1)
Discharge or in any manner discriminate against an employee for taking time off to serve as required by law on an inquest jury or trial jury.
(2)
Discharge or in any manner discriminate or retaliate against an employee, including, but not limited to, an employee who is a victim, for taking time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding.
(3)
Discharge or in any manner discriminate or retaliate against an employee who is a victim for taking time off from work to obtain or attempt to obtain any relief. Relief includes,
but is not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or their child.
(4)
Commencing January 1, 2026, discharge or in any manner discriminate or retaliate against an employee who is a victim or a family member of a victim for taking time off from work in order to attend judicial proceedings related to that crime, including, but not limited to, any delinquency proceeding, a postarrest release decision, plea, sentencing, postconviction release decision, or any proceeding where a right of that person is an issue.
(b)
An employer with 25 or more employees shall not discharge or in any manner discriminate or retaliate against an employee who is a victim or who has a family member who is a victim for taking time off from work for any of the following purposes:
(1)
To obtain or attempt to obtain any relief for the family member. Relief includes, but is not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the family member of the victim.
(2)
To seek, obtain, or assist a family member to seek or obtain, medical attention for or to recover from injuries caused by a qualifying act of violence.
(3)
To seek, obtain, or assist a family member to seek or obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of a qualifying act of violence.
(4)
To seek, obtain, or assist a family member to seek or obtain psychological counseling or mental health services
related to an experience of a qualifying act of violence.
(5)
To participate in safety planning or take other actions to increase safety from future qualifying acts of violence.
(6)
To relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare.
(7)
To provide care to a family member who is recovering from injuries caused by a qualifying act of violence.
(8)
To seek, obtain, or assist a family member to seek or obtain civil or criminal legal services in relation to the qualifying act of violence.
(9)
To prepare for, participate
in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence.
(10)
To seek, obtain, or provide childcare or care to a care-dependent adult if the childcare or care is necessary to ensure the safety of the child or dependent adult as a result of the qualifying act of violence.
(c)
(1)
As a condition of taking time off for a purpose set forth in paragraph (1), (3), or (4) of subdivision (a), or subdivision (b), the employee shall give the employer reasonable advance notice of the employee’s intention to take time off, unless the advance notice is not feasible.
(2)
When an unscheduled absence occurs, the employer shall not take any action against the employee if the employee, within a reasonable time after the absence, provides a certification to
the employer upon request by the employer. Certification shall be sufficient in the form of any of the following:
(A)
A police report indicating that the employee or a family member of the employee was a victim.
(B)
A court order protecting or separating the employee or a family member of the employee from the perpetrator of the qualifying act of violence, or other evidence from a court or prosecuting attorney that the employee or a family member of the employee has appeared in court.
(C)
Documentation from a licensed medical professional, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, victim advocate, licensed health care provider, or counselor that the employee or a family member of the employee was
undergoing treatment or seeking or receiving services directly related to the qualifying act of violence.
(D)
Any other form of documentation that reasonably verifies that the qualifying act of violence occurred, including, but not limited to, a written statement signed by the employee, or an individual acting on the employee’s behalf, certifying that the absence is for a purpose authorized under this section.
(3)
To the extent allowed by law and consistent with subparagraph (D) of paragraph (7) of subdivision (e), the employer shall maintain the confidentiality of any employee requesting leave under paragraph (3) or (4) of subdivision (a), or subdivision (b). Furnishing evidence or providing a certification under this subdivision shall not waive any confidentiality or privilege that may exist between the employee or employee’s family member and a third party.
(d)
An employer shall not discharge or in any manner discriminate or retaliate against an employee because of the employee’s status, or the employee’s family member’s status, as a victim if the employee provides notice to the employer of the status or the employer has actual knowledge of the status.
(e)
(1)
An employer shall provide reasonable accommodations for an employee who is a victim or whose family member is a victim of a qualifying act of violence who requests an accommodation for the safety of the employee while at work.
(2)
For purposes of this subdivision, reasonable accommodations may include the implementation of safety measures, including a transfer, reassignment, modified schedule, changed work telephone, permission to carry telephone at work, changed work station, installed lock,
assistance in documenting domestic violence, sexual assault, stalking, or another qualifying act of violence that occurs in the workplace, an implemented safety procedure, or another adjustment to a job structure, workplace facility, or work requirement in response to domestic violence, sexual assault, stalking, or other qualifying act of violence, or referral to a victim assistance organization.
(3)
An employer is not required under this section to provide a reasonable accommodation to an employee who has not disclosed the employee’s status, or the employee’s family member’s status, as a victim.
(4)
The employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.
(5)
In determining whether the accommodation is reasonable, the employer
shall consider an exigent circumstance or danger facing the employee or their family member.
(6)
This subdivision does not require the employer to undertake an action that constitutes an undue hardship on the employer’s business operations, as defined by Section 12926 of the Government Code. For the purposes of this subdivision, an undue hardship also includes an action that would violate an employer’s duty to furnish and maintain a place of employment that is safe and healthful for all employees as required by Section 6400 of the Labor Code.
(7)
(A)
Upon the request of an employer, an employee requesting a reasonable accommodation pursuant to this subdivision shall provide the employer a written statement signed by the employee or an individual acting on the employee’s behalf, certifying that the accommodation is for a purpose authorized under this
subdivision.
(B)
The employer may also request certification from an employee requesting an accommodation pursuant to this subdivision demonstrating the employee’s status, or the employee’s family member’s status, as a victim. Certification shall be sufficient in the form of any of the categories described in paragraph (2) of subdivision (c).
(C)
An employer who requests certification pursuant to subparagraph (B) may request recertification of an employee’s status, or an employee’s family member’s status, as a victim, or ongoing circumstances related to the qualifying act of violence, every six months after the date of the previous certification.
(D)
Any verbal or written statement, police or court record, or other documentation provided to an employer identifying an employee or the employee’s family member as a
victim shall be maintained as confidential by the employer and shall not be disclosed by the employer except as required by federal or state law or as necessary to protect the employee’s safety in the workplace. The employee shall be given notice before any authorized disclosure. Furnishing evidence or providing a certification under this subdivision shall not waive any confidentiality or privilege that may exist between the employee or employee’s family member and a third party.
(E)
(i)
If circumstances change and an employee needs a new accommodation, the employee shall request a new accommodation from the employer.
(ii)
Upon receiving the request, the employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations.
(F)
If an employee no longer needs an accommodation, the employee shall notify the employer that the accommodation is no longer needed.
(8)
An employer shall not retaliate against an employee for requesting a reasonable accommodation under this subdivision, regardless of whether the request was granted.
(f)
It shall be an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section.
(g)
An employee may use vacation, personal leave, paid sick leave, or compensatory time off that is otherwise available to the employee under the applicable terms of employment, unless otherwise provided by a collective bargaining agreement, for time taken off for a purpose specified in subdivision (a) or (b). The
entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition.
(h)
This section does not create a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or is in addition to the unpaid leave time permitted by, the 12 weeks provided under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.).
(i)
An employer may limit the total leave taken pursuant to this section as follows:
(1)
An employer may limit total leave time taken pursuant to subdivision (b) to 12 weeks.
(2)
If an employee’s family member is a victim who is not deceased as a result of a crime, and the employee is not a victim, and the employee takes leave pursuant to
paragraph (6) of subdivision (b), the employer may limit the leave taken for that reason to five days.
(3)
If any employee’s family member is a victim who is not deceased as a result of crime, and the employee is not a victim, the employer may limit the total leave taken pursuant to subdivision (b) to 10 days.
(4)
Leave taken by an employee pursuant to this section shall run concurrently with leave taken pursuant to the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.) and the Moore-Brown-Roberti Family Rights Act, commonly referred to as the California Family Rights Act (Sections 12945.2 and 19702.3 of the Government Code), if the employee would have been eligible for that leave.
(j)
For purposes of this section:
(1)
“Crime”
means a crime or public offense as set forth in Section 13951 of the Government Code, and regardless of whether any person is arrested for, prosecuted for, or convicted of, committing the crime.
(2)
“Domestic violence” means any of the types of abuse set forth in Section 6211 of the Family Code, as amended.
(3)
“Employer” means any of the following:
(A)
Any person who directly employs one or more persons to perform services for a wage or salary.
(B)
The state, and any political or civil subdivision of the state and cities.
(4)
“Family member” means a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as those terms are defined in Section 12945.2, or designated
person. For purposes of this paragraph, “designated person” means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave. An employer may limit an employee to one designated person per 12-month period for leave pursuant to this section.
(5)
“Qualifying act of violence” means any of the following, regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime:
(A)
Domestic violence.
(B)
Sexual assault.
(C)
Stalking.
(D)
An act, conduct, or pattern of conduct that includes any of the following:
(i)
In which an individual causes bodily injury or death to another individual.
(ii)
In which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual.
(iii)
In which an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.
(6)
“Sexual assault” means any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks capacity to consent.
(7)
“Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for that person’s safety or the safety
of others or suffer substantial emotional distress.
(8)
“Victim” means one of the following:
(A)
An individual against whom a qualifying act of violence is committed.
(B)
For the purposes of paragraph (2) of subdivision (a) only, a person against whom any crime has been committed.
(C)
For the purposes of paragraph (4) of subdivision (a) only, either of the following:
(i)
A person against whom any of the following crimes are committed:
(I)
A violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code.
(II)
A serious felony, as defined in
subdivision (c) of Section 1192.7 of the Penal Code.
(III)
A felony provision of law proscribing theft or embezzlement.
(ii)
A person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of any of the following crimes or delinquent acts:
(I)
Vehicular manslaughter while intoxicated, as defined in subdivision (b) of Section 191.5 of the Penal Code.
(II)
Felony child abuse likely to produce great bodily harm or a death, as defined in Section 273a of the Penal Code.
(III)
Assault resulting in the death of a child under eight years of age, as defined in Section 273ab of the Penal Code.
(IV)
Felony domestic violence, as defined in Section 273.5 of the Penal Code.
(V)
Felony physical abuse of an elder or dependent adult, as defined in subdivision (b) of Section 368 of the Penal Code.
(VI)
Felony stalking, as defined in Section 646.9 of the Penal Code.
(VII)
Solicitation for murder, as defined in subdivision (b) of Section 653f of the Penal Code.
(VIII)
A serious felony, as defined in subdivision (c) of Section 1192.7 of the Penal Code.
(IX)
Hit-and-run causing death or injury, as defined in Section 20001 of the Vehicle Code.
(X)
Felony driving
under the influence causing injury, as defined in Section 23153 of the Vehicle Code.
(XI)
Sexual assault as set forth in Section 261, 261.5, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269, 273.4, 285, 286, 287, 288, 288.5, 289, or 311.4 of, or former Section 288a of, the Penal Code.
(9)
“Victim advocate” means an individual, whether paid or serving as a volunteer, who provides services to victims under the auspices or supervision of an agency or organization that has a documented record of providing services to victims, or under the auspices or supervision of a court or a law enforcement or prosecution agency.
(10)
“Victim services organization or agency” means an agency or organization that has a documented record of providing services to victims.
(k)
(1)
An employer shall inform each employee of their rights established under this section in writing. The information shall be provided to new employees upon hire, to all employees annually, at any time upon request, and any time an employee informs an employer that the employee or the employee’s family member is a victim. If an employer elects not to use the form developed by the department, as specified in paragraph (2), the notice provided by the employer to the employees shall be substantially similar in content and clarity to that form developed by the department.
(2)
The department shall develop a form that an employer may use to comply with the notice requirements in paragraph (1). The form shall be entitled “Survivors of Violence and Family Members of Victims Right to Leave and Accommodations” and shall set forth the rights and duties of employers and employees under this section in clear and
concise language. The notice shall also include language that advises employees in clear and concise language that if leave taken under this section is due to an employee’s inability to work as a result of a serious health condition, or need to care for a family member with a serious health condition, they may also be eligible for wage replacement under the disability insurance program, the family temporary disability insurance program, or other programs administered by the Employment Development Department. The notice shall also include language that advises employees in clear and concise language that if they are a family member of a deceased victim, they may be eligible for leave under this section and also for bereavement leave under Section 12945.7. The department shall post the form in English, Spanish, Chinese, Vietnamese, Tagalog, Korean, Armenian, Arabic, Farsi, Punjabi, Russian, Japanese, Hindi, Mon-Khmer, Thai, and any other language that is spoken by a “substantial number of non-English-speaking
people,” as that phrase is defined in Section 7296.2, on the department’s internet website to make it available to employers who are required to comply with this section. The department shall create the form and post it in accordance with this paragraph on or before July 1, 2025.
(3)
An employer shall not be required to comply with paragraph (1) until the department posts the form on the department’s internet website in accordance with paragraph (2).

Legislative History

Amended by Stats. 2025, Ch. 148, Sec. 1. (AB 406) Effective October 1, 2025.