Does it seem like just yesterday we alerted you to expansions in employee sick leave entitlement? That’s because the sick leave entitlements were expanded last year as well! This year, California sick leave entitlements were expanded to include even more reasons for taking leave.

Effective October 1, 2025 and January 1, 2026, there are additional expansions to (1) the reasons employees may take leave under California’s Healthy Workplaces Healthy Families Act (HWHFA) (pursuant to which employers are required provide paid sick leave); and (2) the reasons employees who are victims of domestic violence, sexual assault, stalking or crime may take job-protected unpaid leave (to which sick leave may be applied).

The latest amendments

Last year the bases for taking paid sick leave were expanded to include time taken to support family members who are victims of domestic violence, sexual assault, stalking (and crime). Additionally, new reasons for victim-status-related leave were added. These amendments were made to Government Code section 12945.8 (which HWHFA incorporates).

This year’s amendments amend both HWHFA and the relevant Government Code. Specifically:

Employees may use sick leave if they or a family member are a victim of certain defined crimes and are attending judicial proceedings related to that crime. These crimes 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 an issue.

For this covered use reason only, the law defines “victim” as

• a person against whom a violent felony, serious felony, and/or felony theft or embezzlement is committed.
• 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.

Certain Previously Covered Unpaid Leave Reasons for Leave are now Covered by Paid Sick Leave Laws. Effective October 1, 2025 paid sick leave is available for the following uses:

• 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
• An employee is serving on an inquest jury or trial jury

What these changes mean for you

• You will want to add this to the changes you make to your 2026 Employee Handbook (small, but significant!) Remember, the new year is a great time to dust off that handbook, to make sure it is up to date and also as user friendly as possible. Remember, what your handbook includes, and does not include, may make the difference if you are facing litigation.
• Educate your HR professionals and your managers on what to listen for as employees request time off, so they can know whether this law is triggered by the request.
• This is a good time to revisit your sick leave policies generally, to make sure they are legally compliant and providing you with the guidelines and protection you need.

Curious about whether your current policy is legally compliant? We are happy to help.

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