The end of something is always the beginning of something else. That always rings true for years’ end and new employment laws. It is time, once again, for all employers to sit down, buckle up, and get ready for the 2026 California employment law updates and changes.
As usual, more than a dozen new employment laws have been passed. Workplace violence and safety, discrimination, and paid leave laws remain at the top of the list as we enter 2026, with AI and data privacy also moving up the list. Before we pop the champagne and say goodbye to 2025, it is time to reprise our annual review of key California labor and employment law developments.
In the spirit of the season, we are kicking off our annual “12 Days of the Holidays” blog series to address new California laws and their impact on employers. For the next several weeks, we will provide updates on this page. We encourage employers to bookmark this page and watch for announcements on our social media channels and email updates to our subscribers.
Day 2: Leave Expansions for Victims
On the second day of the holidays, my labor and employment attorney gave to me two turtle doves and AB 406.
Last year, California passed AB 2499, which expanded protections for victims of violence (see last year’s blog post). The enactment of AB 2499 repealed and replaced two Labor Code Sections, and amended a third one. AB 406 adds further protections for victims of violence by re-adding the two repealed Labor Code Sections, and amending four other code sections.
What is AB 406?
Government Code Section 12945.8 protects employees from discrimination for taking job-protected leave as victims or family members of victims of domestic violence, sexual assault, stalking, and other serious crimes.
Prior to AB 406, an employee who was a victim was able to take time off to obtain or attempt to obtain relief such as a temporary restraining order or a restraining order, other injunctive relief, or to help ensure the health, safety, or welfare of the victim or their child.
It also allowed employees to take time off to serve as required by law on an inquest jury or trial jury, as well as to take time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding.
What Changed?
AB 406 brings the following five key changes for California employers to take note of:
1. Victims and Impacted Family Members Can Take Time Off for Judicial Proceedings
Now, as of January 1, 2026, an employee who is a victim or a family member of a victim is able to take time off from work in order to attend judicial proceedings related to that crime, including, but not limited to, any delinquency proceeding, a post-arrest release decision, plea, sentencing, postconviction release decision, or any proceeding where the rights of that person is an issue.
2. Updated Definition of a Victim
AB 406 further defines that a victim includes a person against whom a violent felony, a serious felony, or a felony provision of law prescribing theft or embezzlement is committed. It also includes a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of any of the following crimes or delinquent acts:
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- Vehicular manslaughter while intoxicated;
- Felony child abuse that is likely to produce great bodily harm or death;
- Assault resulting in the death of a child under eight years of age;
- Felony domestic violence;
- Felony physical abuse of an elder or dependent adult;
- Felony stalking;
- Solicitation for murder;
- A serious felony;
- Hit and run causing death or injury;
- Felony driving under the influence causing injury; or
- Sexual assault.
3. Employees can use Paid Sick Leave for Judicial Proceedings
AB 406 also added the benefit that an employee can use paid sick leave for any time off for the above reasons. This became effective as of October 1, 2025. Prior to AB 406, employees were only able to use unpaid leave for jury duty or appearing in court as a witness under subpoena.
4. Labor Code Section 230 was Reinstated
Labor Code Section 230 was previously repealed but has now been added back to the Labor Code. However, this section will only apply to alleged actions or inactions that occurred on or before December 31, 2024.
5. Labor Code Section 230.1 was Added Back
Lastly, AB 406 also added back Labor Code Section 230.1, which is applicable to employers with 25 or more employees, and notes that they cannot discriminate or retaliate against any employee who is a victim that:
- Takes time off from work to seek medical attention for injuries caused by crime or abuse;
- Takes time off from work to obtain services from a domestic violence shelter program, rape crisis center, or victim services organization or agency as a result of the crime or abuse;
- Takes time off from work to obtain psychological counseling or mental health services related to an experience of crime or abuse; or
- Takes time off from work to participate in safety planning or other actions to increase safety from future crime or abuse, including temporary or permanent relocation.
Similar to Labor Code Section 230, this section will only apply to actions or inactions that occurred on or before December 31, 2024.
Key Takeaways
Employers should be aware that employees are able to use paid sick leave for appearing in court via a subpoena or by being part of a jury. This change has already taken effect, so HR staff should be updated accordingly.
Further, employers should update their handbooks accordingly and continue providing detailed communications to employees whenever there is an issue involving violence to ensure that employees are receiving proper leave and that it is documented correctly.
Coming Soon
Follow along for the next several weeks as we document some of the key compliance changes taking effect in 2026, including: unlawful discrimination, workplace record-keeping, non-competition agreements, worker retraining, rehiring and retention, data privacy, wage law enforcement, company drivers, and unfair labor practices.
