Crime victims in California can now use paid sick leave for court

New Law Covers Families Too

If you’re a crime victim in California, going to court used to mean choosing between your paycheck and your rights.

That changed in October 2025 when Governor Gavin Newsom signed AB 406, and more protections kick in January 2026.

The law lets workers use their paid sick leave to attend trials, sentencing hearings, and parole decisions. It also covers family members who need to be there for a loved one.

The change comes after years of workers losing jobs or getting demoted just for showing up to court, and it builds on California’s decade-long push to expand sick leave protections.

One in Ten Victims Lost Jobs

The numbers tell a clear story about why this law exists.

A 2022 nationwide survey found that one in ten crime victims lost a job or got demoted because they needed time off for court or recovery.

For victims of domestic violence or sexual assault, the situation was often worse.

Many had to choose between attending a hearing that could put their attacker behind bars or keeping a paycheck coming in. California lawmakers saw those statistics and decided that no worker should face that choice.

Two Phases, Two Effective Dates

AB 406 rolled out in stages. The first part took effect on October 1, 2025, and it clarified that employees can use paid sick leave for jury duty and when subpoenaed as a witness.

The second and bigger expansion starts January 1, 2026.

That’s when victims of serious crimes and their family members gain the right to use paid sick leave for judicial proceedings.

The split timeline gave employers a few months to update their policies before the full law kicks in.

Which Crimes Qualify Under AB 406

Not every crime triggers leave protections. The law covers violent felonies, serious felonies, felony domestic violence, felony stalking, felony child abuse, vehicular manslaughter while intoxicated, hit-and-run causing injury, felony DUI causing injury, solicitation for murder, and sexual assault.

Felony theft and embezzlement also qualify when the employee or family member is the victim. The list focuses on crimes serious enough that court proceedings often stretch over months or years.

Family Members Get Protected Leave

The law doesn’t just protect the person who was hurt.

If your spouse, parent, child, sibling, or guardian is a crime victim, you can take protected leave to support them at judicial proceedings.

This matters because family members often provide essential support during trials and sentencing. A parent might need to be there when their child testifies.

A spouse might need to speak at a parole hearing. Now they can do that without risking their jobs.

More Than Just Trial Days

Protected leave goes well beyond showing up at trial.

The law covers bail hearings where release decisions are made, plea negotiations, sentencing, post-conviction release decisions, and any proceeding where a victim’s rights are at issue.

For serious crimes, the legal process can involve dozens of court dates spread over years. Each of those appearances is now protected under California law.

AB 2499 Paved the Way in 2024

AB 406 didn’t come out of nowhere. In September 2024, Governor Newsom signed AB 2499, which expanded protections for victims of domestic violence, sexual assault, stalking, and other violent acts.

That law introduced the term “qualifying act of violence” and moved enforcement from the Labor Commissioner to the Civil Rights Department.

AB 406 builds on that foundation by adding judicial proceedings to the list of protected reasons to use paid sick leave.

Assemblywoman Schiavo Pushed the Bill

Pilar Schiavo, a Democrat representing the Chatsworth area and Santa Clarita Valley, authored AB 406.

She called it the Strengthening Safe Leave Act and said it ensures victims can take time off to recover, seek safety, and care for their families without fearing job loss.

Schiavo, who previously worked as a nurse advocate and labor organizer, made workplace protections a focus of her legislative agenda. The bill passed both chambers unanimously.

California Started Paid Sick Leave in 2014

California has been expanding worker protections for over a decade.

The state passed its first mandatory paid sick leave law in 2014 under the Healthy Workplaces, Healthy Families Act, which took effect in 2015.

Workers initially got three days of paid sick leave per year. In January 2024, that jumped to five days or 40 hours.

Now AB 406 expands what that leave can be used for, adding crime victim protections to the existing medical and family care provisions.

Employers Must Notify Workers

Businesses can’t just quietly offer these protections.

Under California law, employers must give workers written notice of their leave rights at four specific times: when they’re hired, once a year, whenever they ask, and whenever the employer learns that an employee or their family member is a crime victim.

The Civil Rights Department created a model notice form that employers can use. Failing to inform workers of their rights can lead to enforcement action.

Other States Are Slower to Act

California isn’t alone in requiring paid sick leave. As of late 2024, 18 states and Washington D.C. have some form of mandatory paid sick leave law.

But crime victim protections like those in AB 406 remain less common. Most states focus on medical leave and family care.

California’s approach of tying crime victim leave to the paid sick leave system gives workers a guaranteed source of income when they need to be in court, rather than just protecting them from getting fired.

Victims No Longer Choose Between Justice and Jobs

For decades, crime victims faced an impossible situation. Show up to court and risk losing your job, or skip the hearing and watch the case fall apart.

AB 406 closes that gap in California. Workers can now use their paid sick leave to attend every hearing, speak at every sentencing, and be present for every parole decision.

The law recognizes something that should have been obvious all along: seeking justice shouldn’t cost you your livelihood.

This article was created with AI assistance and human editing.

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