Discrimination
Reinstating Labor Code Leave Protections for Crime Victims
Updated
Assembly Bill 406, by Assembly Member Schiavo, revives a set of employment protections for victims of crime and abuse that had been repealed at the start of 2025. As an urgency statute, AB 406 took effect immediately when it was filed with the Secretary of State on October 1, 2025. The measure amends and adds provisions in the California Labor Code and the Government Code to close a gap for conduct that occurred before the earlier repeal.
Background
For years, California’s Labor Code protected employees who took time off for crime- and abuse-related reasons, such as obtaining a restraining order, appearing in court, or seeking medical care. Those provisions, chiefly Labor Code sections 230 and 230.1, allowed workers to file complaints with the Division of Labor Standards Enforcement.
Effective January 1, 2025, the Legislature transferred enforcement of these protections to the Civil Rights Department and consolidated them under the California Fair Employment and Housing Act in Government Code section 12945.8, using the concept of a “qualifying act of violence.” In the process, the older Labor Code provisions were repealed, leaving no clear statutory home for claims tied to earlier conduct.
What the Law Changes
AB 406 adds back Labor Code sections 230 and 230.1, but limits them to alleged actions or inactions occurring on or before December 31, 2024. These reinstated sections restore the former rules protecting employees who take time off to serve on a jury, appear as a witness, obtain restraining or other relief, or, for employers with 25 or more employees, address medical, counseling, shelter, and safety-planning needs.
The bill also amends Labor Code sections 230.2 and 230.5, which cover time off to attend judicial proceedings, extending their reach to conduct on or before December 31, 2025, and it makes conforming updates to the paid sick leave rules in Labor Code section 246.5. Both reinstated sections remain in effect until January 1, 2035, at which point they are repealed.
AB 406 reinstates former Labor Code sections 230 and 230.1, protecting employees who take crime- and abuse-related leave, and applies them only to conduct occurring on or before December 31, 2024, with enforcement available through the Division of Labor Standards Enforcement.
Interaction With the Current Government Code Scheme
For conduct on or after January 1, 2025, the protections in Government Code section 12945.8 continue to govern, enforced by the Civil Rights Department. AB 406 does not disturb that current framework; instead, it fills the earlier window so that claims based on pre-2025 conduct have a defined statutory basis.
The amended paid sick leave provision, Labor Code section 246.5, tracks these dates, tying pre-2025 leave to the old Labor Code purposes and later leave to the Government Code provisions. A related judicial-proceedings protection in Government Code section 12945.8 takes effect January 1, 2026.
What This Means for You
AB 406 reinstates former Labor Code leave and anti-retaliation protections for employees who are victims of crime or abuse, limited to conduct occurring on or before December 31, 2024. Conduct on or after January 1, 2025, continues to fall under the current Government Code provisions enforced by the Civil Rights Department. The law touches workplace disputes over time off and accommodations related to violence, jury duty, and court appearances.
I write these summaries as general information about developments in California employment law. They are not legal advice and don’t create a mediator–client relationship. For guidance on a specific matter, consult a qualified attorney.