California Expands Paid Sick Leave and Jury Duty Protections

On October 1, California Governor Gavin Newsom signed Assembly Bill 406 (AB 406) into law, which took immediate effect. Under the framework of the Healthy Workplaces, Healthy Families Act (HWHFA), AB 406 expands the scope of paid sick leave and job-protected unpaid leave, allowing crime victims and their family members to take lawful leave while participating in judicial proceedings. The law also removes advance notice requirements for jury duty leave and restores the enforcement authority of the Division of Labor Standards Enforcement (DLSE).

If you or your company require support with employee policy compliance, please contact the ILS legal team at contact@consultils.com. ILS team combine strategic insight, swift action, and practical solutions to identify core issues, drive efficient resolutions, and protect our clients’ interests.

Background Overview

Assembly Bill No. 406 continues California's pattern of incrementally expanding employee leave protections, particularly building upon significant revisions to paid sick leave laws in 2024 and 2025. The legislation addresses two distinct policy concerns: supporting crime victims and clarifying enforcement mechanisms for leave violations.

Assembly Bill No. 406 expands California's paid sick leave and job-protected leave laws by adding new qualifying reasons for leave use under the Healthy Workplaces Healthy Families Act of 2014 (HWHFA). AB 406 allows employees to use paid sick leave and take unpaid job-protected leave when they or a family member are victims of certain crimes and must attend related judicial proceedings. The legislation also modifies jury duty leave requirements by eliminating the standalone advance notice requirement for traditional jury duty leave, while maintaining standard notice requirements when employees use paid sick leave or unpaid protected leave for jury service, i.e. reasonable advanced notice unless not feasible. 

Additionally, AB 406 reinstates the Division of Labor Standards Enforcement's (DLSE) authority to enforce certain leave provisions. 

This bill impacts all California employers covered by HWHFA and requires immediate policy updates, employee communication, and compliance measures to accommodate these expanded leave entitlements. 

Key Provisions

AB 406 establishes several significant changes to California's leave laws:

• Effective Dates: October 1, 2025.

• Expansion of Paid Sick Leave for Crime Victims: Effective January 1, 2026, employees may use paid sick leave under HWHFA when they or a family member are victims of certain crimes and need to attend judicial proceedings related to those crimes. This represents a substantial expansion of the covered reasons for paid sick leave use.

• Unpaid Job-Protected Leave: In addition to paid sick leave, AB 406 amends California's unpaid job-protected leave laws to include the same crime victim-related reasons, providing protection for employees who have exhausted their paid sick leave or who work for employers not covered by HWHFA's paid leave requirements.

• Jury Duty Leave Modifications: The bill amends existing jury duty leave law (Labor Code Section 230) by removing the requirement that employees provide reasonable advance notice before taking time off to serve on a jury. However, when employees use paid sick leave or unpaid job-protected leave specifically for jury duty, the standard HWHFA notice requirements apply (reasonable advance notice unless not feasible).

• Reinstatement of DLSE Enforcement Authority: AB 406 reinstates Labor Code Sections 230 and 230.1, which apply only to alleged conduct occurring on or before December 31, 2024. The bill also amends Labor Code Sections 230.2 and 230.5 to apply only to alleged conduct occurring on or before December 31, 2025. This reinstatement gives the Division of Labor Standards Enforcement authority to enforce violations of these provisions, effective October 1, 2025, until the respective sunset dates.

• Amendments to Government Code Section 12945.8: The bill amends this section, which had previously consolidated various leave protections under the Civil Rights Department's jurisdiction, to coordinate with the reinstated DLSE enforcement authority.

Impact on Employers

AB 406 creates several obligations and considerations for California employers:

• Expanded Leave Obligations: Employers must provide paid sick leave and job-protected unpaid leave for an entirely new category of reasons—judicial proceedings related to serious crimes affecting employees or their family members. 

• Documentation and Privacy Considerations: Employers need to develop appropriate processes for verifying that leave requests qualify under the crime victim provisions while respecting employee privacy regarding sensitive information about victimization. This balance may prove challenging, particularly given the traumatic nature of the underlying circumstances.

• Notice Requirements: Employers should understand and communicate the notice standards for jury duty-Standard notice requirement (i.e. reasonable advance notice unless not feasible) when employees use paid sick leave or unpaid protected leave for jury service.

• Policy Updates: All leave policies, employee handbooks, and written paid sick leave notices need to be updated to reflect the new qualifying reasons for leave. 

• Training Requirements: HR personnel, managers, and supervisors require training on the expanded leave provisions, including how to recognize qualifying situations, respond to leave requests sensitively, and avoid discrimination or retaliation.

• Potential Staffing Challenges: The expansion of covered leave reasons may increase unplanned absences, creating staffing challenges, particularly in smaller workplaces or those with limited ability to cross-train employees.

• Increased Litigation Risk: As with any expansion of employee rights, AB 406 creates new potential liability for employers who fail to provide required leave, discriminate against employees who request leave, or retaliate against those who exercise their rights.

What Employers Should Do

To ensure compliance with AB 406 and effectively manage the expanded leave requirements, California employers should take the following steps:

• Update Written Policies Immediately: Revise employee handbooks, paid sick leave policies, and leave of absence policies to include the new qualifying reasons. 

• Develop Documentation Protocols: Create clear guidelines for what documentation employers may request to verify that leave qualifies under the crime victim provisions. 

• Train All Personnel: Conduct comprehensive training for HR staff, managers, and supervisors.

• Establish Confidentiality Procedures: Implement processes to maintain confidentiality of information disclosed by employees regarding crime victimization. Limit information sharing to those with a legitimate business need to know.

• Update Employee Communications: Inform current employees about the new leave rights through company-wide communications, payroll stuffers, or staff meetings. Include information about the expanded leave reasons in new hire orientation materials.

• Update Anti-Retaliation Policies: Ensure anti-retaliation policies explicitly reference the new leave provisions and make clear that adverse actions against employees who request or take crime victim-related leave or jury duty leave are prohibited.

• Clarify Notice Requirements: Communicate clearly to employees the notice standards that apply: Use of paid sick leave or unpaid protected leave for any covered reason (including jury duty): reasonable advance notice required unless not feasible

AB 406 reinforces California’s continued leadership in protecting workers’ rights, particularly by supporting crime victims and strengthening civic duty protections. For employers, the law not only broadens HR compliance responsibilities but also creates an opportunity to foster a fairer, safer, and more compliant workplace.

Certain provisions of AB 406 took effect on October 1, 2025, and employers should act promptly to revise policies, enhance training, and improve implementation procedures to ensure full compliance.

If you or your company require support with employee policy compliance, please contact the ILS legal team at contact@consultils.com. ILS team combine strategic insight, swift action, and practical solutions to identify core issues, drive efficient resolutions, and protect our clients’ interests.

Disclaimer: The materials provided on this website are for general informational purposes only and do not, and are not intended to, constitute legal advice. You should not act or refrain from acting based on any information provided here. Please consult with your own legal counsel regarding your specific situation and legal questions.

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As Managing Partner at ILS, Richard Liu ranks among the leading U.S. attorneys in corporate, employment, and regulatory law. He is known for crafting legal strategies aligned with clients’ business objectives and advising Fortune 500 companies, startups, and executives on corporate transactions, financing, privacy, and employment matters across the technology, healthcare, and financial sectors.

Before founding ILS, Richard practiced at top defense firms, where he developed a reputation for anticipating risks and designing strategies that balance protection with growth. He has secured favorable outcomes in contract and intellectual property disputes, represented clients in state and federal courts, and is recognized for combining large-firm expertise with boutique-firm agility. Richard is also a frequent speaker at industry and legal conferences.

Email: contact@consultils.com | Phone: 626-344-8949

Yuki is a litigation senior counsel licensed to practice in both New York and California, with extensive experience in dynamic investigations and complex defense matters. Her practice focuses on personal injury, insurance defense, and construction defect litigation, where she is known for developing efficient, multidimensional strategies.

Before joining ILS, Yuki practiced in both New York and Los Angeles, gaining comprehensive experience representing both plaintiffs and defendants. Since 2020, she has concentrated on insurance defense and construction disputes, recognized for her thorough investigations and precise legal analysis. Since joining ILS in 2023, she has continued to provide clients with strategic, experience-driven litigation support.

Email: contact@consultils.com | Phone: 626-344-8949