Updated November 8, 2026. This article was first written in early January 2025, when Assembly Bill 2499 took effect. It describes the law as it stood then. Later developments, including the state’s model notice and a 2025 amendment, are kept separate in the “Current context” section near the end. It is general information, not legal advice.
A quiet law with big implications for the floor
Restaurants, bars, and hotels employ people who live complicated lives. A bartender may be dealing with a stalker. A line cook may need to go to court for a restraining order. A server’s brother may have been hurt in an assault and need someone to drive him to appointments. Starting January 1, 2025, California reorganized and expanded the rules that protect workers in these situations.
Assembly Bill 2499 moved the leave and accommodation protections for victims of violence into Government Code section 12945.8, part of the Fair Employment and Housing Act, and shifted enforcement to the California Civil Rights Department (CRD). For hospitality managers, the practical question is simple: when an employee says, “I need time off because of something violent that happened,” what do you do?
Who is covered
The statute uses the term “qualifying act of violence.” That includes domestic violence, sexual assault, and stalking. It also includes an act or pattern of conduct in which someone causes bodily injury or death to another person, brandishes or uses a firearm or other dangerous weapon against another person, or uses or makes a reasonably perceived threat to use force to cause physical injury or death. The statute says this applies regardless of whether anyone is arrested, prosecuted, or convicted.
The law also covers family members. “Family member” includes a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, and a “designated person,” meaning someone related by blood or whose association with the employee is the equivalent of a family relationship. An employer may limit an employee to one designated person per 12-month period.
What applies to every employer
Some protections apply regardless of business size. Under section 12945.8(a), an employer may not discharge or discriminate against an employee for taking time off for jury service or to appear in court as a witness under a subpoena or court order. An employer also may not discharge, discriminate, or retaliate against an employee who is a victim for taking time off to obtain or try to obtain relief, such as a temporary restraining order, to help ensure the health, safety, or welfare of the victim or their child.
Section 12945.8(d) adds that an employer may not discharge, discriminate, or retaliate against an employee because of their status, or a family member’s status, as a victim if the employee gives notice or the employer actually knows.
The reasonable accommodation requirement in subdivision (e) is also written for employers generally. An employer must provide reasonable accommodations for an employee who is a victim, or whose family member is a victim, and who requests an accommodation for their safety at work.
What applies at 25 or more employees
Employers with 25 or more employees face broader leave obligations under subdivision (b). They may not retaliate against a victim, or an employee whose family member is a victim, for taking time off to:
- Seek relief, such as a restraining order, for a family member.
- Seek medical attention or recover from injuries, or help a family member do so.
- Obtain services from a domestic violence shelter, rape crisis center, or victim services organization.
- Obtain psychological counseling or mental health services.
- Participate in safety planning.
- Relocate or secure a new residence, including enrolling children in a new school or childcare.
- Care for a family member recovering from injuries.
- Obtain civil or criminal legal services, or prepare for and attend related legal proceedings.
- Arrange childcare or care for a dependent adult when needed for their safety.
How much time
Under subdivision (i), an employer may limit total leave under subdivision (b) to 12 weeks. If the employee is not a victim and their family member is a living victim, the employer may limit that leave to 10 days, and to five days for relocation. This leave runs concurrently with federal FMLA and California Family Rights Act leave if the employee would have been eligible for those.
Employees may use vacation, personal leave, paid sick leave, or compensatory time off that is otherwise available. The statute does not itself require the leave to be paid.
Notice and documentation
Employees must give reasonable advance notice unless that is not feasible. For unscheduled absences, the employer may not take action against the employee if, within a reasonable time, the employee provides certification on request. Acceptable certification includes a police report, a court order or evidence of a court appearance, documentation from a medical professional, counselor, or victim advocate, or any other documentation that reasonably verifies the act occurred, including a written statement signed by the employee.
Confidentiality
Subdivision (e)(7)(D) says any statement, police or court record, or other documentation identifying an employee or family member as a victim must be kept confidential and may be disclosed only as required by law or as necessary to protect the employee’s safety at work, with notice to the employee before any authorized disclosure.
In a restaurant, information travels fast. The confidentiality rule means a general manager should not mention a server’s situation at a preshift meeting, in a group chat, or in a scheduling note visible to everyone. Keep documentation in a restricted file, separate from general scheduling records, and limit who knows to those who need to know.
Accommodations that fit hospitality work
The statute lists examples of reasonable accommodations, including a transfer, reassignment, modified schedule, changed work telephone, permission to carry a telephone at work, changed work station, installed lock, assistance in documenting violence that occurs in the workplace, an implemented safety procedure, or a referral to a victim assistance organization.
Translated to a bar or restaurant, that could mean:
- Moving a server to a different location in a restaurant group.
- Changing shifts so the employee does not close alone.
- Letting a bartender keep a phone on them during a shift.
- Walking the employee to their car at closing.
- Telling hosts and security not to seat or admit a specific person, if the employee agrees to share that much.
The employer must engage in a timely, good-faith interactive process and consider exigent circumstances or danger. The employer is not required to take an action that would be an undue hardship, and the statute treats an action that would violate the employer’s duty to provide a safe workplace as an undue hardship. An employer may request a signed statement certifying the accommodation is for a covered purpose, and may request recertification of status every six months.
How this connects to workplace violence prevention
California’s workplace violence prevention law, Labor Code section 6401.9, which became operative July 1, 2024, defines “Type 4 violence” as workplace violence committed in the workplace by a person who does not work there but has or is known to have had a personal relationship with an employee. If an employee’s abuser shows up at work, both laws may be in play: the accommodation process under section 12945.8 and the incident log, response procedures, and hazard correction under the workplace violence prevention plan. Our workplace violence prevention plan guide explains that plan.
A manager’s response script
When an employee discloses a situation, the first few minutes matter. A simple approach:
- Listen and thank them. “Thank you for telling me. Your safety matters here.”
- Ask what they need. “Do you need time off, a schedule change, or something at work to feel safer?”
- Explain confidentiality. “I will only share what is necessary to keep you safe, and I will tell you before I share anything.”
- Do not demand proof on the spot. Documentation can come later and can be a signed statement.
- Involve the right people. Bring in HR or the owner, and talk to counsel about the specific situation.
- Follow up. Check in privately after the first shift back and adjust the plan if needed.
Updating handbooks and training
January is a natural time to update employee handbooks. Managers should review time-off policies, attendance policies, and point systems to make sure absences protected by section 12945.8 are not counted against employees. A no-call, no-show rule, for example, should account for the statute’s protection for unscheduled absences when the employee later provides certification.
Supervisors also need training: shift leads are often the first to hear about a problem. See our harassment prevention training guide for related supervisor requirements.
A scenario at a busy brunch spot
A server at a restaurant with about 40 employees tells the manager that her ex-partner has been sending threatening messages and recently appeared outside the restaurant. She needs a morning off next week to file for a restraining order and asks not to work closing shifts alone. The manager approves the time off, adjusts the schedule so she always closes with a coworker, and with her permission gives the host a description of the ex-partner and instructions to call the manager if he appears. The manager logs the incident without personal identifying information and keeps her documentation confidential.
Frequently asked questions
Does the employee need a police report?
No. The statute accepts other documentation, including a written statement signed by the employee.
Is the leave paid?
The statute allows employees to use available vacation, personal leave, paid sick leave, or compensatory time off. It does not itself create paid leave.
Current context as of November 8, 2026
Section 12945.8(k) requires employers to give employees written notice of these rights at hire, annually, on request, and when an employee discloses victim status, using the CRD’s form or a substantially similar notice. The statute says employers were not required to comply until the CRD posted its form. On July 7, 2025, after this article was first written, the CRD announced its model notice and guidance. The section was also amended by AB 406, effective October 1, 2025; the current text adds, starting January 1, 2026, protection for victims and family members who take time off to attend certain judicial proceedings related to the crime. Review the current statute and CRD materials before updating your policies.
The bottom line
AB 2499 asks hospitality employers to respond to violence with flexibility, discretion, and documentation that respects privacy. A clear process, trained supervisors, and confidential files make that possible on even the busiest shift.
Build a Team That Looks Out for Each Other
Safety starts with trained people. ServeTrain’s ABC-approved online RBS course helps California servers and managers handle difficult moments calmly and responsibly. Before enrolling, register or log in to your RBS Portal account with ABC and confirm your chosen course appears in the portal’s training provider search.
Sources
- California Government Code 12945.8
- California Labor Code 6401.9
- CRD: New Resources on Time Off for People Impacted by Violence (July 7, 2025, current note)
This article is general information, not legal advice.
