For the Second Consecutive Year, California Expands Reasons Employees Can Use Job-Protected Paid Sick and Safe Time, Unpaid Leave

On October 1, 2025, Governor Gavin Newsom signed AB 406 to expand the reasons employees can take leave under California’s Healthy Workplaces Healthy Families Act (HWHFA), the statewide paid sick and safe time law, and under California Government Code section 12945.8, which provides job-protected unpaid leave for various reasons. This year’s amendments come only one year and a day after these two laws were last amended.

Expanded Paid Sick and Safe Time and Unpaid Leave Covered Uses: The reasons an employee can use job-protected paid sick and safe time under the HWHFA have always, in part, been connected to reasons an employee could use unpaid leave under a different law. Since January 1, 2025, the HWHFA has incorporated by reference certain covered uses under California Government Code section 12945.8, a job-protected unpaid leave law. 

Last year’s amendments expanded the “safe” time reasons under both laws to include crime victim leave, allowed leave to be used when not just an employee but also a family member was a victim of domestic violence, sexual assault, stalking (and crime), and added new reasons connected to victim status for which leave could be used. These are covered uses under California Government Code section 12945.8(a)(3) and (b), which the HWHFA incorporates.

This year’s amendments amend both laws, effective January 1, 2026, to allow employees to use leave if they or a family member are a victim of certain crimes and are attending 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 a right of that person is an issue. For this covered use only, the law defines “victim” as a person against whom a violent felony, serious felony, and/or felony theft or embezzlement is committed. Additionally, it includes a person who suffers direct or threatened physical, psychological, or financial harm due to the commission or attempted commission of the following crimes or delinquent acts: vehicular manslaughter while intoxicated; felony child abuse likely to produce great bodily harm or a death; assault resulting in the death of a child under eight years old; 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; sexual assault. These reasons will be covered reasons to use leave under California Government Code section 12945.8(a)(4), which the HWHFA will incorporate.

Additional Expanded Paid Sick and Safe Time Covered Uses: In addition to new reasons for leave under both laws, the amendments – effective on October 1, 2025 – revise the paid leave law to incorporate by reference covered uses that already exist under the unpaid leave law:

• An employee (including one who is a victim of any crime) is appearing in court as a witness to comply with a subpoena or other court order (California Government Code section 12945.8(a)(2)); and
• An employee is serving on an inquest jury or trial jury (California Government Code section 12945.8(a)(1)).

Next Steps: Employers may already be reviewing their workplace policies to ensure they kick off 2026 in a compliant manner, or these changes may be the inspiration to do so. AB 406 makes their to-do list just a bit longer. Given the fact that some changes took effect immediately on October 1, 2025, employers might want to consider moving up the priority list the review and revision of their California paid sick and safe time policies and procedures.