Gov. Code §12945.8 – Crime Victim and Jury Duty Leave (Formerly Labor Code §230)

California Government Code section 12945.8 protects employees who take time off for jury duty, to testify under a subpoena, or because they or a family member experienced a crime or act of violence, and it requires employers to provide safety accommodations at work; these protections used to be in Labor Code 230 and 230.1. If you are searching for Labor Code 230, this is where the law now lives for most situations.

The move matters for two reasons. First, the law was expanded: it now covers family members of victims, a broader list of reasons for leave, and expanded notice requirements. Second, enforcement shifted from the Labor Commissioner to the Civil Rights Department (CRD), which changes where you file and how long you have.

This guide explains what changed and when, what section 12945.8 says, who is covered, what counts as a violation, and how to file. If you need time off for a death in the family, see our article on California bereavement leave.

What happened to Labor Code 230?

A 2024 law, AB 2499, moved the crime-victim leave and accommodation rules out of the Labor Code and into the Fair Employment and Housing Act, and transferred enforcement to the CRD. A 2025 law, AB 406, effective October 1, 2025, then restored the old Labor Code sections in a limited form so they still govern older events.

When the employer’s action happened	Law that applies	Where to file
On or before December 31, 2024	Labor Code 230 and 230.1 (versions in effect October 1, 2025, which apply only to these older events)	Labor Commissioner, under Labor Code 98.7
On or after January 1, 2025	Government Code 12945.8	Civil Rights Department
Time off to attend a criminal proceeding as a victim or family member	Labor Code 230.2 for events through December 31, 2025; Gov. Code 12945.8(a)(4) starting January 1, 2026	Labor Commissioner (older events) or CRD (newer events)

The restored Labor Code sections are set to be repealed on January 1, 2035. For anything that happened in 2025 or later, think “Government Code 12945.8” and “CRD.”

By the numbers12 weeks

What Government Code 12945.8 says

Protections for all employers

Under subdivision (a), no employer may fire or discriminate against an employee for taking time off to:

• Serve on an inquest or trial jury.
• Appear in court as a witness under a subpoena or court order.
• Seek a temporary restraining order, restraining order or other relief to protect the health, safety or welfare of the victim or the victim’s child (for an employee who is a victim).
• Starting January 1, 2026, attend judicial proceedings related to the crime, such as plea, sentencing or release hearings (for victims of certain crimes and their family members).

Additional leave at employers with 25 or more employees

Subdivision (b) lets an employee who is a victim, or whose family member is a victim, take time off to:

• ✅ Seek relief such as a restraining order for a family member.
• ✅ Get medical attention or recover from injuries, or help a family member do so.
• ✅ Obtain services from a domestic violence shelter, rape crisis center or victim services organization.
• ✅ Obtain counseling or mental health services related to the violence.
• ✅ Do safety planning, relocate, or secure new housing, including enrolling children in a new school or childcare.
• ✅ Care for a family member recovering from injuries, get legal services, attend legal proceedings, or arrange childcare or dependent care needed for safety.

Safety accommodations and non-discrimination

Every employer must provide reasonable accommodations for the safety at work of an employee who is a victim, or whose family member is a victim, of a qualifying act of violence. Examples in the statute include a transfer, a modified schedule, a changed work phone or work station, permission to carry a phone, an installed lock, and help documenting violence that occurs at work. The employer must engage in a timely, good-faith interactive process and may not retaliate for a request. It also may not discriminate against an employee because of their, or a family member’s, status as a victim once it knows of that status.

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Who is covered

For section 12945.8, “employer” means anyone who directly employs one or more persons, plus the state and local public entities. The broader leave reasons in subdivision (b) apply only to employers with 25 or more employees.

A “qualifying act of violence” includes domestic violence, sexual assault, stalking, and acts that cause bodily injury or death, involve brandishing or using a firearm or other dangerous weapon, or involve a real or reasonably perceived threat to use force to cause injury or death, whether or not anyone is arrested, prosecuted or convicted. “Family member” includes a child, parent, grandparent, grandchild, sibling, spouse, domestic partner, or one “designated person” per 12-month period.

How much leave, and is it paid?

Leave under section 12945.8 is unpaid, but you may use available vacation, personal leave, paid sick leave or comp time. An employer may limit leave under subdivision (b) to 12 weeks in total. If your family member is the victim, survived, and you are not a victim yourself, the employer may limit you to 10 days in total, and to 5 days for relocation. The leave runs at the same time as FMLA or CFRA leave if you qualify for those. See our page on California paid sick leave for using paid time.

💡 Example: Ana works for a hypothetical company with 40 employees. Her brother is assaulted and survives. She takes 3 days to go with him to court hearings and 5 days to help him move to a safer apartment, a total of 3 + 5 = 8 days. That stays within the 10-day total and the 5-day relocation limit her employer may set, and she can choose to use her paid sick leave for some of those days.

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Notice and documentation

You must give reasonable advance notice when feasible. If an absence is unscheduled, your employer can’t take action against you if you provide certification within a reasonable time when asked. Acceptable certification includes a police report, a court order or other court documents, documentation from a medical professional, domestic violence or sexual assault counselor, victim advocate or counselor, or any other reasonable documentation, including your own signed written statement. Employers must keep this information confidential.

Employers must also give employees written notice of these rights at hire, once a year, on request, and when an employee says they or a family member is a victim. The CRD publishes a model notice for this purpose.

By the numbersTen days

Remedies, deadlines and where to file

Section 12945.8 sits in the part of FEHA that defines unlawful employment practices, and interfering with or denying these rights is itself an unlawful employment practice. That means FEHA’s process and remedies apply: you file a complaint with the CRD, generally within three years, and can then sue within one year after a right-to-sue notice. Available remedies can include lost wages, emotional distress damages and attorney’s fees. Our guide on filing a CRD complaint walks through the steps.

For events covered by the restored Labor Code 230 and 230.1 (on or before December 31, 2024), the remedy is reinstatement, lost wages and benefits, and equitable relief, through a Labor Commissioner complaint. For the victim-related protections, that complaint is due within one year of the violation.

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Related sections

• Labor Code 230, 230.1 and 230.2: the older rules, now limited to past events.
• Gov. Code 12940: FEHA’s core list of unlawful practices. See our Gov. Code 12940 explainer.
• Gov. Code 12945.2 (CFRA) and 12945.7 (bereavement leave). See FMLA and CFRA leave rights.

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Frequently asked questions

Was Labor Code 230 repealed?

Not entirely. For employer actions on or after January 1, 2025, the protections are in Government Code 12945.8. Labor Code 230 and 230.1 were restored effective October 1, 2025, but apply only to events on or before December 31, 2024, and are set to be repealed January 1, 2035.

Can I be fired for jury duty in California?

No. Section 12945.8(a)(1) prohibits firing or discriminating against an employee for taking time off to serve on a jury. Give your employer reasonable notice.

Does my employer have to pay me for victim leave?

No, but you can use available vacation, personal leave, paid sick leave or comp time.

Can I take time off to help a family member who was a victim?

Yes, if your employer has 25 or more employees. If your family member survived and you are not a victim, the employer may limit that leave to 10 days, and 5 days for relocation.

Where do I file a complaint?

For events on or after January 1, 2025, with the California Civil Rights Department. For older events under Labor Code 230 or 230.1, with the Labor Commissioner.

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