California’s AB 406 Expands Employee Leave Protections for Victims of Crime

On October 1, 2025, California Governor Gavin Newsom signed Assembly Bill (AB) 406 into law, which amends Government Code section 12945.8, Labor Code sections 230.2, 230.5 and 246.5, and reinstates Labor Code sections 230 and 231.1. These changes expand employee leave rights under California’s paid and unpaid leave provisions, protecting employees who take time off due to certain legal proceedings.

Labor Code Section 246.5 Expands Paid Leave Law for Employees who Appear in Court as a Witness under Subpoena, or Serving on an Inquest or Trial Jury

Effective October 1, 2025, Labor Code section 246.5 expands the Healthy Workplaces, Healthy Families Act to allow employees to use paid sick leave for jury duty and for appearing in court as a witness under subpoena. Previously, these activities were only protected under unpaid leave laws; the amendment now permits employees to use paid sick time for these purposes.

Government Code Section 12945.8 and Labor Code Section 230 et seq. Expand Protected Leave Provisions and Notice Requirements for Victims of Violence 

Effective January 1, 2026, Government Code section 12945.8 permits employees (or family members) who are victims of certain serious crimes to take unpaid leave to attend judicial proceedings related to that crime. Covered proceedings include delinquency hearings, post-arrest release decisions, pleas, sentencing, post-conviction release decisions, and any proceeding where a victim’s rights are at issue. The term “victim” includes individuals harmed by violent felonies, serious felonies, and specific crimes such as vehicular manslaughter while intoxicated, felony child abuse, felony domestic violence, felony stalking, solicitation for murder, hit-and-run causing death or injury, felony DUI causing injury, and sexual assault.

Labor Code section 230 prohibits employers from discharging or discriminating against employees for serving on a jury, appearing in court as a witness under subpoena, or obtaining protective orders or other relief related to crime or abuse. These amendments also expand protections for victims of specified serious offenses (e.g., felony domestic violence, felony stalking, and sexual assault) who take time off to appear in court at such proceedings. Employers must provide written notice to each employee of their rights under this section, and offer reasonable accommodations for the victim-employees.

While an employee is required to provide reasonable advance notice when taking leave under Labor Code section 230, if advance notice is not feasible or an unscheduled absence occurs, the employer cannot take action against the employee if the employee provides documentation within a reasonable time after the absence. Acceptable documentation includes a copy of the judicial proceeding notice or other documentation evidencing the proceeding from the court or district attorney. 

Under Labor Code section 230.1, an employer with 25 or more employees is prohibited from discriminating or retaliating against victim-employees who: (1) take time off to seek medical attention for injuries caused by crime or abuse; (2) obtain services from a domestic violence shelter, rape crisis center, or victim services organization; (3) obtain psychological counseling or mental health services; or (4) participate in safety planning or relocate for safety. These provisions require employer confidentiality and allow the use of accrued paid leave for these purposes.

Key Takeaways

• Effective immediately, paid sick leave now covers jury service and court appearances as a witness. 
• Effective January 1, 2026, paid and unpaid leave rights extend to victims and family members attending judicial proceedings for serious crimes. 
• Employers should provide written notice to each employee of the changes set forth in Labor Code section 230 using the form developed by the Labor Commissioner. 

If you have questions about AB 406 or its applicability to your employment policies, please contact a Payne & Fears LLP attorney.