Leave of Absence: Expansion to Victims of Violence (AB 406) and CA Paid Family Leave Program (SB 590)

Overview of AB 406 and SB 590

Assembly Bill (AB) 406 (Effective October 1, 2025)

AB 406 is a follow-up bill to last year’s AB 2499, which expanded and revised California’s Leave for Victims of Violence, including broadening the definition of “victim,” reasons for which an individual can take leave, and potential reasonable accommodations. The bill also reassigned enforcement authority to the California Civil Rights Department (CRD).

Key Changes

1. Scope of Leave:
   • Applies to employees who are victims or whose family members are victims.
   • Covers time off for judicial proceedings related to specific crimes (e.g., delinquency proceedings, post-arrest release decisions, pleas, sentencing or postconviction release decisions).
     
     
2. Definition of “Victim”
   • Includes individuals harmed by violent felonies, serious felonies, felony theft/embezzlement, or those suffering direct/threatened harm from specified crimes.
     
     
3. Paid Sick Leave (PSL) Changes
   • Employees can now use PSL for judicial proceedings related to specified crimes.
   • Employees can use PSL for jury duty and witness leave.
     
     
4. Notice Updates are Pending
   • CRD will update the Survivors of Violence and Family Members of Victims Right to Leave and Accommodations notice.
   • Labor Commissioner will likely update the Paid Sick Leave notice.

 

Senate Bill (SB) 590 - Paid Family Leave (PFL) Expansion (Effective July 1, 2028)

California’s Paid Family Leave (PFL) program, a state-sponsored insurance program within the State Disability Insurance program that provides wage replacement benefits during a qualifying leave, is being revised.

1. SB 590 expands eligibility for benefits to include individuals who take time off work to care for a seriously ill designated person, legally defined as “any care recipient related by blood or whose association with the individual is the equivalent of a family relationship.
2. Employees must name and attest to the relationship when requesting benefits.
3. The change takes effect on July 1, 2028.

HR Best Practice Recommendations

1. Update Policies and Procedures:
   • Revise employee handbooks, time-off policies, and leave procedures to reflect the expanded rights under AB 406 and future changes to PFL.
2. Train Managers and Supervisors:
   • Ensure understanding of expanded benefits and permissible leave reasons.
3. Monitor Notice Update:
   • Monitor for updated CRD and Labor Commissioner Notices and post them promptly.
4. Monitor Leave Usage:
   • Implement systems to track and manage leave requests for crime-related matters, ensuring adherence to AB 406.
5. Communicate to Employees:
   • Inform employees about new rights under Leave for Victim of Crime and PSL changes through policy communication and new posters.
6. Consult Legal Counsel:
   • Work with employment law experts to ensure policies are compliant and to prepare for potential enforcement.

Legislative Impacts

Consolidating all victims’ leave provisions into a single code under the jurisdiction of the California Civil Rights Department will ensure more consistent leave administration and enforcement. This change will also increase scrutiny of workplace policies and practices, leading to greater employer accountability.

Closing Remarks

AB 406 broadens workplace protections for victims of violence and their families, creating a more compassionate and supportive environment for employees. By taking proactive steps to comply with the new requirements, employers can foster a culture of care while avoiding potential legal challenges.

Stay Compliant with AB 406

Ensure your policies and procedures align with California’s evolving employment laws. Employer’s Guardian offers expert guidance to help you navigate these changes. Contact us today to learn more.