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California Releases Final Employee Notice on Victim Leave Rights

By Fred W. Alvarez, Hannah Jones, Dan Bruggebrew, Allison Moser, Paige Pulley, Hannah Withers, and Stacey Zartler

The California Civil Rights Department (CRD) just released its long-awaited model employee notice triggering a new compliance obligation for all California employers regarding the rights of employees who are victims of qualifying acts of violence. This is a good time to review your policies and onboarding materials to ensure you’re providing this notice to employees now and going forward.

What’s New?

Effective immediately, employers must provide notice to employees about their rights to take protected leave and request workplace accommodations if they or their family members are victims of certain crimes. This requirement is tied to Assembly Bill 2499 (codified as Government Code §12945.8), which expanded existing protections and made notice mandatory now that the CRD model notice is available. The model notice is located here: CRD Model Notice

Who Needs to Comply?

All California employers, regardless of size, are required to provide this notice.

If you have 25 or more employees, additional protections apply to employees whose family members are victims of a qualifying act of violence, including a broadly defined list that covers a child, parent, grandparent, grandchild, sibling, spouse, domestic partner, or “designated person” who can be someone related by blood, such as an aunt or uncle, or someone who is equivalent to a family member, such as a best friend. Employers may limit an employee to one “designated person” per 12-month period.

When and How to Provide the Notice

The new law requires you to give this notice in four scenarios:

  • At hire – Include it in your onboarding packet effective immediately.
  • Annually – Distribute it to all employees once per year.
  • Upon request – Provide it to any employee who asks.
  • When notified – If an employee tells you they or a family member are a victim of a qualifying crime.

You can use the CRD’s model notice or create your own version, as long as it’s substantially similar in both content and clarity. If 10% or more of your workforce at a location speaks a language other than English, you’ll need to provide the notice in that language. The CRD has made translated versions available on its website.

What the Notice Covers

The notice explains an employee’s rights, including:

  • Job-protected leave for medical care, counseling, safety planning, or legal help related to the incident.
  • Workplace safety accommodations, like schedule changes, reassignment, or security assistance—subject to an interactive process and undue hardship standard.
  • Protection from retaliation for using these rights.
  • Confidentiality of any information shared regarding the incident or related requests.

It also reminds employees they may be eligible for wage replacement under State Disability Insurance or Paid Family Leave, and may qualify for bereavement leave and other forms of crime victim leave under separate Labor Code provisions and applicable law.

What You Should Do Now

Here’s a practical checklist to help you meet your new obligations:

  • Download and review the CRD’s model notice.
  • Add the notice to your onboarding documents and distribute it to current employees annually.
  • Train HR and managers to respond appropriately when employees raise concerns or request time off or accommodations under this law.
  • Be prepared to provide the notice to current employees if they make a request.

Want More Details? Read the CRD’s FAQ

The CRD has also published an FAQ document that answers common employer questions about the law and the notice requirement. You can view it here: CRD FAQs

Here are a few highlights:

  • What is a “qualifying act of violence”?
    It’s broader than domestic violence or sexual assault—it includes any crime that causes physical or mental injury, or the death of a family member.
  • Can we create our own notice instead of using the CRD version?
    Yes, but it must be substantially similar in both content and clarity.
  • Do we have to provide this notice to existing employees immediately? While there isn’t a specific requirement that notice be provided to existing employees immediately, employers need to provide it annually and we recommend rolling this out as soon as practical.
  • What happens if we don’t comply?
    Non-compliance can lead to enforcement action by the CRD, including penalties for failing to provide the notice or interfering with protected leave rights.

If you’d like support reviewing your materials, preparing communications, or training your team, we’re here to help. Let us know if you’d like the notice translated into your preferred language(s), or if you’d like assistance adapting it into your onboarding materials.