Last year, Gov. Gavin Newsom signed Assembly Bill 2992, expanding job-related protections for victims of crimes and prohibiting employers from discriminating, terminating, or retaliating against a worker who is a crime victim for taking time off to seek relief, which includes restraining orders and any help to ensure you and your children are safe. The law has been in effect since January 1, 2021.
According to the previous law (California Labor Code section 230) only applied to sexual assault, domestic violence, or stalking victims. Now, the new legislation provides relief to any worker (1) who is a victim of a criminal offense resulting in a physical or mental injury and a threat of physical injury, or (2) whose immediate family member—such as a spouse, domestic partner, child, parent, or sibling—died because of the crime.
Employers with 25 or more employees are required to provide leave to workers who are crime victims for the following reasons under AB 2992:
To seek medical care for injuries caused by the crime
To obtain victim services related to domestic violence, rape, or any other crime
To obtain mental health services or psychological counseling related to the offense
To be involved in safety planning or take other actions to avoid being the victim of future crimes, including permanent or temporary relocation
In addition, AB 2992 protects employees who miss work to seek relief without giving advance notice to their employers. An employer is prohibited from taking any action against a worker for an unscheduled absence, so long as the employee provides the employer with documentation related to the offense— such as a written statement from the victim or person acting on behalf of the worker—within a reasonable time following the absence. The previous law required crime victims to provide a police report, documents related to a court hearing, or medical records to be protected for unscheduled absences.
If you were fired or retaliated against for missing work due to being a victim of a crime in California, contact Polaris Law Group today at (888) 796-4010. Serving clients in Redding, Sacramento, Santa Rosa, Oakland, San Francisco, the Bay Area, Stockton & Modesto, Pleasanton, Redwood City, San Jose, the Silicon Valley, Hollister, Salinas, Fresno, Bakersfield, Santa Barbara, Oxnard, Santa Clarita, Riverside, San Bernardino, Orange County, and San Diego.
