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Workplace protections the newly-enacted Assembly Bill 2992 affords crime victims

Assembly Bill (AB) 2992 went into effect here in California on Jan. 1. This new state law allows crime victims to take leave to address their health and safety concerns without fear of losing their job.

This new law carries the protections offered under Labor Code (LC) section 230 a bit further. That existing code prohibited employers from discharging their workers for taking leave to make a court-ordered appearance on a subpoena or to serve on a jury. That same earlier legislation also required employers with 25 or more workers to offer stalking, sexual assault and domestic violence victims to provide their employees with leave to receive medical treatment and other services. 

How AB 2992 extends protections afforded under LC230

Government Code Section 13951 of AB 2992 extended protections to not only victims of crimes but also of any public offenses that might have involved the threat or actual infliction of mental or physical injuries. These protections applied no matter who ended up being arrested or prosecuted for or later convicted of such a criminal offense. 

The new AB 2992 also expanded the options afforded to employees for time off. This newly passed bill allows workers to take leave to receive medical or mental health services to help aid in their recovery from abuse. AB 2992 also requires employers to provide their employees with safety training necessary to protect them from becoming future abuse or crime victims.

Steps employees must take to secure protections under AB 2992

Employees must generally provide their employees with advance notice of their need to take leave. A worker must provide their employer with one of the following pieces of documentation if they’re unable to provide advance notice of their need to take leave:

  • A restraining or protective order
  • Documentation from a licensed medical professional
  • Police report

Other documentation verifying the occurrence of abuse or a crime may suffice in the absence of the above-referenced options. 

Did your employer deny you your AB 2992 rights?

You might have a valid employment claim if you lost your job after letting your employer know that you became an abuse or crime victim. Proving such unlawful treatment isn’t easy, but an attorney can guide you through the process of doing so. Your lawyer can also advise you of your right to potential compensation for what you’ve had to go through. 

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