California has once again expanded employee leave protections and benefits—this time through two significant bills signed by Governor Gavin Newsom: Assembly Bill 406 and Senate Bill 590. Together, these new laws broaden employee rights to protected time off, create new obligations for employers, and increase the administrative burden of tracking, approving, and documenting leaves of absence. Employers should carefully review and update their leave policies, manager training, and HR practices to ensure full compliance.

AB 406 – Expanded Qualifying Reasons for Use of Paid and Unpaid Leaves

Effective October 1, 2025, AB 406 amends Government Code section 12945 (job-protected leave) and Labor Code section 230 (school-related leave), expanding the use of job-protected leave and permitting employees to use their paid sick leave for additional categories previously covered under unpaid leave.

Key Changes

• Employees are permitted to take job-protected leave if the employee or a family member is a victim of an act of violence and needs to attend judicial proceedings related to that crime.
  • A “qualifying act of violence” is defined to include domestic violence, sexual assault, stalking, and specified acts or patterns of conduct including causing bodily injury, brandishing a weapon, or threats.
  • “Victim” includes individuals harmed physically, psychologically, or financially as a result of violent felonies, serious felonies, or felony theft and embezzlement.
  • Protections extend to employees whose family member is a victim.
• Employees may now use accrued paid sick leave when:
  • They are appearing in court as a witness to comply with a subpoena or court order; and
  • They are serving on an inquest jury or trial jury.

SB 590 – Expanded Benefits Related to Care for “Designated Persons”

SB 590 expands paid family leave benefits to include individuals who take time off work to care for a seriously ill designated person. However, the law does not come into effect until July 1, 2028.

Key Changes

• While employees were previously permitted to take leave to care for a “designated person” (defined as any individual related by blood or whose association with the employee is equivalent to a family relationship), the new law provides that benefits under the state’s Paid Family Leave (PFL) program will be available to employees caring for a designated person.
• An employee requesting PFL benefits to care for a designated person must both identify the individual and attest under penalty of perjury to the nature of the relationship, including either how the designated person is related by blood or how the worker’s association with the designated person is the equivalent of a family relationship.
• Employers may still limit employees to one designated person per 12-month period, and PFL benefits remain limited to eight weeks within any 12-month period.

What Employers Should Do Now

To account for these changes to the law and ensure compliance, California employers should:

• Review and update handbooks, specifically regarding protected leaves, paid sick leave, and paid family leave policies.
• Train supervisors that these leaves are protected and employees may not be disciplined for taking leaves in accordance with the law. Ensure payroll systems allow these absences to be coded as paid sick leave where applicable.
• Train HR and managers that a “designated person” does not require a familial or domestic relationship, and ensure that confidentiality rules around medical certifications extend to designated persons.

AB 406 and SB 590 continue the trend of expanded protected leave rights for California employees. Employers that proactively update policies, educate supervisors, and modernize leave-tracking systems will substantially reduce legal risk and demonstrate a commitment to supporting employees through important life events.

This publication is published by the law firm of Ervin Cohen & Jessup LLP. The publication is intended to present an overview of current legal trends; no article should be construed as representing advice on specific, individual legal matters. Articles may be reprinted with permission and acknowledgment. ECJ is a registered service mark of Ervin Cohen & Jessup LLP. All rights reserved.