Expanded Paid Sick Leave Law  (AB406)

Effective October 1, 2025 / January 1, 2026

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Introduction

In October 2025, California Governor Gavin Newsom signed Assembly Bill 406 (AB 406) into law, an urgency measure that took effect immediately on October 1, 2025. Authored by Assemblymember Jacqui Schiavo, this bill builds on prior legislation (notably AB 2499 from 2024) to strengthen job protections for employees who are victims of violence or whose family members are victims. It also expands the permissible uses of paid sick leave under California's Healthy Workplaces, Healthy Families Act (HWHFA) and clarifies enforcement mechanisms. The law addresses gaps in previous reforms by reinstating certain provisions, prohibiting discrimination/retaliation more broadly, and allowing paid sick leave for additional crime-related absences—particularly attending judicial proceedings. These changes reflect California's ongoing commitment to supporting survivors of violence while balancing employer compliance needs.

 

Key Provisions and Effective Dates

AB 406 includes phased implementation:

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• Effective October 1, 2025 (immediate upon signing):

  • Expands paid sick leave (under Labor Code § 246.5) to cover:

    • Jury duty and appearing as a witness in court.

    • Attending judicial proceedings related to a qualifying act of violence

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• Effective January 1, 2026:

  • Further expands paid sick leave to explicitly include leave for attending judicial proceedings related to certain crimes (e.g., delinquency proceedings, post-arrest release decisions, pleas, sentencing, postconviction release, or any proceeding where victim rights are at issue).

  • Shifts enforcement for some provisions to the California Civil Rights Department (CRD) under the Fair Employment and Housing Act (FEHA), aligning with broader anti-discrimination frameworks.

  • Reinforces protections against retaliation for leave related to "qualifying acts of violence."​

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Leave Types and Employer Obligations

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• Paid Sick Leave Expansion: Employees can use accrued paid sick leave (or other available PTO like vacation/personal leave) for covered reasons—no new paid leave entitlement is created, but existing accruals apply.

• Unpaid Job-Protected Leave: For employers with 25+ employees, reasonable unpaid leave is required for safety planning, legal/medical services, childcare, relocation, etc., related to violence. Limits apply (e.g., up to 12 weeks in some family-member cases), and it may run concurrently with FMLA/CFRA if eligible.

• Notice and Certification: Employees should provide reasonable advance notice when possible. Employers may request certification (e.g., police reports, court documents, medical statements, or employee-signed verification) within a reasonable time.

• Confidentiality and Accommodations: Information must remain confidential (with limited exceptions). Employers must engage in an interactive process for reasonable safety accommodations.

• Anti-Retaliation: Broad protections prevent discharge, discrimination, or retaliation for using these rights.

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​​​​​For more information, contact us:
 

Email: paul@amanteHR.com

Tel.: (714) 309-9677

 

This article is for informational purposes only. It is not intended to be, nor shall it be construed as legal advice or guidance.

Consult with a professional for appropriate advice and guidance.