California is setting a new standard for workers’ rights with its expanded sick leave, providing you and your team with support during challenging times. The law goes into effect on Jan. 1, 2025, providing relief to victims of crimes such as domestic violence, sexual assault, and stalking.
By extending the reach of the Healthy Workplaces, Healthy Families Act of 2014 (HWHFA) and defining unpaid leave protections under the Fair Employment and Housing Act (FEHA), the state has made a powerful statement about its priorities. Now, it’s time for employers to implement new policies.
This article will cover the changes made to AB 2499 and SB 1105 and how they affect employers and employees alike. We’ll also share how Mosey can help your business manage state compliance.
How Has Sick Leave Expanded in California?
AB 2499 has greatly expanded eligibility for paid sick leave in California. Under the old legislation, employees were only eligible for coverage if they were a direct victim of domestic violence, sexual assault, or stalking.
Now, you may take time off if a family member falls victim to one of these crimes or a similar act.
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Who Counts as a Family Member?
The law now defines a family member as follows:
- Children, parents, grandparents, and grandchildren
- Spouses and domestic partners
- Siblings
- A “designated person” whom the employee has chosen at the time of making the leave request
This provision acknowledges the diversity of family structures, ensuring employee rights are protected regardless of how their family is defined. Such changes allow workers to care for their loved ones without losing income or job security.
What Are the New Uses for Paid Sick Leave in California?
The amended HWHFA substantively expands the reasons workers can take paid sick leave. They can now use their leave to seek medical or psychological attention for injuries caused by violence or to obtain restraining orders and other legal protections.
Additionally, the following uses are now permissible:
- Moving to a safe location, including a temporary shelter
- School or childcare enrollment to keep children safe
- Attending to the medical, legal, or psychological needs of family members
These changes are meant to provide more comprehensive coverage for victims and their families, recognizing that the journey to recovery and safety is often complicated.
What Changes Were Made to Unpaid Leave Rules?
Besides the changes made to paid sick leave by AB 2499, FEHA provisions for unpaid leave have also been strengthened. Employees now have an expanded right to unpaid leave if they or a family member are victims of violence.
Employers are expected to follow these principles:
Confidentiality
All documents related to leave requests, including police reports or medical certifications, must be kept confidential. Employers may not disclose this information to unauthorized parties.
Definite Leave Periods
Employees can now take:
- Up to 12 weeks of unpaid leave if they or a family member are victims of a qualifying act of violence
- Up to 10 days for family members caring for a victim to seek legal assistance
- Up to 5 days for moving or registering children in safer schools after a non-fatal crime
Definite Family Members
The same definition of family members found in the HWHFA applies to FEHA. This ensures that leave policies, both paid and unpaid, are uniform.
With clear requirements for eligibility and confidentiality in place, the new FEHA allows employees to focus on recovery and care after an act of violence.
What Are the Notification Requirements?
As an employer, you must ensure your employees are fully informed of their rights by providing clear and complete information about leave entitlements.
Include necessary updates in company-wide communications and as part of your onboarding processes.
Notice should be given:
- Upon Hiring: Distribute leave entitlements in detail to new employees as part of the hiring process.
- Every Year: Provide annual notices to let all employees know if there are any changes.
- On-Demand: Employees seeking leave must be adequately informed and provided with appropriate and timely information.
Additionally, make sure your policies are up-to-date and accurate in your employee handbook. If you need help revising or building a handbook for the first time, Employee Handbooks by Mosey can help you create a fully compliant handbook for all 50 states in minutes.
How Have Protections Changed for Farmworkers?
If you employ agricultural workers, SB 1105 ensures their health and safety are prioritized when facing potentially dangerous conditions like wildfires or extreme heat. These provisions acknowledge that farmworkers require added leave protections compared to what’s covered in the HWHFA alone.
In the following situations, agricultural workers can exercise paid sick leave to obtain preventive treatment:
- Smoke From Wildfire Exposure: Workers can use their leave to avoid hazardous air quality conditions that may have resulted from wildfires.
- Extreme Heat: If there is a heat advisory, employees can take a break or even leave to protect themselves from heat-related illness.
- Flooding or Other Dangerous Weather: Employees can use paid leave when their workplaces become unsafe due to flooding or other dangerous weather conditions.
These changes demand that agricultural employers alter their policies to maintain compliance. This will protect the safety of your workforce and help shield your company from fines, lawsuits, and other penalties for non-compliance.
How Else Can Employers Stay Compliant?
California’s new paid and unpaid leave laws mean it’s time for employers to adapt. By updating your policies and protecting your workers, you can foster a culture of mutual support. Here’s how else to stay compliant:
Update Employee Handbooks With Examples
Employers should update their employee handbooks to reflect the expanded definitions of family members, new qualifying reasons for leave, and confidentiality requirements.
Using Employee Handbooks from Mosey, you can quickly and easily create and maintain compliant, state-specific handbooks. This way, your employees will understand their rights, and your company will remain compliant.
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Automatically generate multi-state handbooks in a few clicks with lawyer-approved policies. Stay current with one-click policy updates.
Train Your HR Teams and Managers
HR management also plays a crucial role in implementing your policies effectively. Employers should ensure their HR teams are well-trained to understand the nuances of new laws.
Key training topics should include:
- Eligible conditions for paid and unpaid leave
- Maintaining confidentiality for sensitive documents
- Responding to employees’ requests with empathy and professionalism
Automate Compliance Tracking
It can be challenging to keep track of ever-evolving compliance requirements yourself, especially if you lack the resources or expertise.
Luckily, state compliance is easier than ever with Mosey. Reduce your administrative burden and focus on what matters most — growing your business.
How Will Compliance With These Updates Benefit Your Team?
Compliance has many benefits for employers and employees alike. For example, focusing on employees’ needs gives them time to fully recover, improving their morale. In turn, this improved morale can benefit employers by reducing turnover and boosting retention.
Here’s how compliance can be a two-way street:
Benefits for Employees
Leave gives employees a much-needed cushion in a time of turmoil. These measures can help employees feel valued and secure, fostering trust and loyalty. When employees know their workplace supports them during challenging times, it builds a sense of belonging that can lead to long-term retention and productivity.
Benefits for Employers
Beyond simply avoiding penalties for non-compliance, implementing these policies can enhance your organization’s reputation as a supportive and socially responsible employer.
By retaining top talent and building a workplace culture focused on employee well-being, your business can set itself apart within a competitive industry.
Support a Safe Work Environment With Mosey
California’s expanded leave laws are designed to provide your team with the break they need to deal with the fallout of domestic violence, sexual assault, or other crimes. These changes can help cultivate a more secure and equitable working environment for you, your team, and your business.
Implementing new policies and ensuring compliance doesn’t have to be a headache — not with Mosey. You can stay ahead of legal requirements and spend more time on strategic tasks instead.
Book a demo today to learn how we can help you feel confident about your compliance.
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