California Assembly Bill (AB) 2992 went into effect on Jan. 1 of this year. This new law protects workers who become crime victims from being subjected to discrimination for taking leave to receive medical care following their incidents.
The preexisting law LC 230 required employers with 25 or more workers to give their employees the necessary time off to receive medical attention following stalking, sexual abuse or domestic violence incidents. The earlier law also spelled out how it was unlawful for employers to fire workers after appearing in court on a subpoena or serving on a jury.
The added protections AB 2992 affords workers
The latest law now also applies to workers subjected to threats in addition to those who were victimized. Both mental and physical threats or actual abuse apply. The latest law also protects workers’ rights to undergo safety training or receive medical care regardless of whether they are a victim or face arrest or are convicted of perpetrating such an offense.
How can you claim AB 2992 protection?
California law requires you to notify your employer of your request to take leave under AB2992 as soon as possible after your incident occurs. You may need to produce a copy of your protective order, police report and documentation from a therapist or doctor showing that you’re under their care. You can submit this documentation retroactively if turning it in beforehand isn’t possible.
Your employer is supposed to but may not do a good job of keeping up with new labor laws. An attorney can advise you of your rights if your employer discriminated against you due to their ignorance of this newer law.