Employee Survivor Rights

On September 29, 2024, California Governor Gavin Newsom signed into law Assembly Bill (AB) 2499, a measure that provides employee leave protections for victims of domestic violence, sexual assault, stalking, or other crimes. OEOD or CARE can assist in answering any questions about your rights related to AB2499.

Summary

AB2499 makes it unlawful to discriminate or retaliate against an employee if the employee is a victim (i.e., an individual against whom a “qualifying act of violence” has been committed) or has a “family member” who is a victim, including taking time off of work 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;
  • A temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or welfare of the victim or family member of the victim;
  • Medical attention for or to recover from injuries caused by a qualifying act of violence;
  • Psychological counseling or mental health services related to an experience of a qualifying act of violence;
  • Participate in safety planning or take other actions to increase safety from future qualifying acts of violence;
  • 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;
  • To provide care to an immediate family member who is recovering from injuries caused by a qualifying act of violence.
  • 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.
  • To seek, obtain, or assist a family member to seek or obtain financial services, enroll to receive benefits, or meet with a financial professional to address financial issues caused by or aggravated by the qualifying act of violence.
  • To prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence.
  • To seek, obtain, or provide childcare or care to a care-dependent adult necessary as a result of the qualifying act of violence.
  • To make modifications, or make arrangements to have modifications made, to a home, vehicle, or technological device necessary for usability and accessibility due to an injury caused by the qualifying act of violence.

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 above. This law 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.

As a condition of taking time off for the above, 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.

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 police report indicating that the employee or a family member of the employee was a victim.
  • 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.
  • 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.
  • 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.

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.

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 victim while at work. 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.

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.

The employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations. OEOD and CARE can assist with this. If circumstances change and an employee needs a new accommodation, the employee shall request a new accommodation from the employer.  If an employee no longer needs an accommodation, the employee shall notify the employer that the accommodation is no longer needed.

The law defines “Family member” as a child, parent, grandparent, grandchild, sibling, spouse, domestic partner, or designated person, as defined in Section 12945.2 of AB2499.

The law defines “Qualifying act of violence” means any of the following, regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime:

  • Domestic violence.
  • Sexual assault.
  • Stalking.
  • An act, conduct, or pattern of conduct, including any of the following:
    • In which an individual causes bodily injury or death to another individual.
    • In which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual.
    • 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.

If you need help understanding your rights, have questions, or seek reasonable accommodations, please reach out to oeod@uci.edu or 949-824-5594. Employees can also receive assistance from Human Resources or Academic Personnel.

Employee survivors of stalking, sexual assault, and domestic violence can receive confidential support from CARE at care@uci.edu or 949-824-7273.

For more information on administrative processes at UCI, please see the UC Sexual Violence Sexual Harassment Policy.