California’s Crime Victim Leave Law Clean-Up Now and in 2026

On September 29, 2024, the Governor signed Assembly Bill (AB) 406, effective October 1, 2025. AB 406 did two things: cleaned up some loose ends from last year’s crime victim leave expansion and made amendments to California’s Paid Sick Leave (PSL) law to allow PSL use for additional crime victim absences.

Let’s see what changes are already in effect and review the new AB 406 provisions, which begin on January 1, 2026:

AB 406 Changes

1. Effective October 1, 2025, AB 406 amended California’s PSL law to allow employees to use available PSL for jury and witness duty absences, as well as additional crime victim absences.
2. Beginning January 1, 2026, AB 406 transfers the enforcement authority from the Labor Commissioner to CRD for two additional crime victims’ leave provisions (previously under LC 230.2 & 230.5).

What are the Additional Crime Victims’ Leave Provisions?

Former Labor Code sections 230.2 and 230.5 required all employers to allow unpaid leave for employees who are victims or family members of victims of specified crimes to attend judicial proceedings.  Effective January 1, 2026, the PSL Law has also been amended to allow employees to use PSL for these purposes, which include:

• any delinquency proceeding,
• a post-arrest release decision,
• plea, sentencing, post-conviction release decision,
• or any proceeding where a right of that person is at issue.

Paid Sick Leave Use For Jury and Witness Duty

Employers were already required to allow employees unpaid time off to serve on a jury, or when ordered by a court or subpoenaed to testify in court as a witness. Effective October 1, 2025, AB 406 amended the PSL law to clarify that employees may use this paid time off for jury and witness duty purposes.

CRD Notices

All employers needed to distribute a CRD Notice to all employees by July 1, 2025, and also:

• To new employees upon hire
• To all employees annually
• Upon request, and any time an employee informs an employer that the employee or the employee’s family member is a victim

We expect that CRD will revise this Notice to include AB 406 amendments. We’ll keep an eye out for this and keep you informed.

What Should Employers Do Now?

Employers should:

• Update your PSL practices to allow employees to use PSL for jury and witness duty reasons, effective immediately.
• Update your crime victim, jury, and witness duty and PSL policies to reflect the additional Crime Victims Provisions listed above.
• Distribute the CRD October 2025 Notice, if you didn’t do so already.
• Be on the lookout for a revised CRD Notice and distribute the new one when it becomes available.

Need help updating your handbook to comply with the changes? You can contact us by phone, email, or live chat. Our experienced HR advisors are here to assist you.