California’s Next Wave of Employment Protections: What 2026 Brings for Victim Rights, Leaves of Absence, and Employees Laid Off During the COVID-19 Pandemic

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Anastasia Dyak

December 23, 2025

California has enacted several significant employment-related laws slated to reshape employer obligations beginning in 2026.  These new measures—including a revival window for sexual assault claims (“AB 250”), expanded “safe leave” rights (“AB 406”), amendments related to family leave (“SB 590”), and extended recall and reinstatement rights for certain laid-off employees during the COVID-19 pandemic (“AB 858”)—carry important implications for employers across the state.  Below is an overview of the key legislative changes and what they mean for California businesses.

AB 250: Two-Year Revival Window for Adult Sexual Assault Claims

What’s happening:  California has enacted Assembly Bill 250, which creates a two-year revival window from January 1, 2026, through December 31, 2027, during which certain previously time-barred civil claims for adult sexual assault may be filed.

Key elements to know:

• AB 250 revives otherwise barred claims for sexual assault occurring on or after January 1, 2009.
• Revived claims must allege:

1. 1. The plaintiff was sexually assaulted.
   2. One or more parties are legally responsible for harm.
   3. A responsible entity engaged in a cover-up or attempted cover-up of prior assaults.

• The law also allows revival directly against an alleged perpetrator, even if that person did not participate in any cover-up, as long as another entity did.
• Public entities are excluded from these revival provisions.
• AB 250 also revives associated causes of action, such as wrongful termination, sexual harassment, retaliation, and other claims arising out of the underlying assault.

Practical impact:  This law increases potential litigation exposure for employers and other entities.  Employers may wish to assess past internal investigations, use of nondisclosure agreements, reporting protocols, and document retention practices in anticipation of potential claims.

AB 406: Strengthened Safe-Leave Protections and Amendments to Paid Sick Leave

What’s happening:  Assembly Bill 406 further expands California’s Healthy Workplaces, Healthy Families Act (HWHFA) and related unpaid “safe leave” protections, broadening reasons employees can take leave beginning January 1, 2026.

Core changes include:

• Employees (or their family members) who are victims of certain serious crimes can now use paid sick leave or unpaid “safe” leave to attend specified judicial proceedings, including delinquency hearings, post-arrest proceedings, pleas, sentencing, post-conviction hearings, or any proceeding where the victim’s rights are at issue.
• Victims and family members of victims may use leave to attend these proceedings, meet with law enforcement or prosecutors, seek or renew protective orders, access victim services, or participate in safety planning.
• Employers must protect employees from retaliation or discrimination for taking leave under these expanded provisions.

Action items for employers:  Revise paid sick and paid sick/safe leave policies, employee handbooks, leave-tracking systems, manager training, and documentation and verification procedures to align with these expanded leave rights.

SB 590: Paid Family Leave Expansion to Designated Persons

What’s happening:  Effective July 1, 2028, Senate Bill 590 expands California’s state Paid Family Leave (“PFL”) wage replacement program.

Key features:

• Currently, PFL provides up to eight weeks of partial wage replacement to workers who take time off to care for a seriously ill family member, bond with a new child, or handle certain military exigencies.
• Beginning July 1, 2028, employees may receive PFL benefits to care for a “designated person” — someone related by blood or whose association with the employee is the equivalent of a family relationship.
• When first requesting PFL benefits to care for a designated person, an employee must:

1. 1. Identify that person
   2. Attest under penalty of perjury to how the person is related by blood or has an equivalent family-like relationship

Practical implications:  Although this change does not take effect until 2028, employers should begin considering how policies and payroll practices will accommodate this broader leave eligibility.

AB 858: Extended COVID-19 Recall and Reinstatement Rights

What’s happening:  Assembly Bill 858 extends the sunset date for recall and reinstatement rights originally created for employees laid off due to the COVID-19 pandemic. The protections now remain in place through January 1, 2027.

What employers should know:

• Covered employers in the hospitality and service sectors — including hotels, private clubs, event centers, airport hospitality and service providers, and building services for office, retail, or commercial properties — must continue to offer available positions to laid-off employees based on seniority and qualification when positions open, following specified timelines and notice requirements.
• Employers must retain detailed records of layoffs and recall offers and consistently apply seniority rules.
• Violations occurring on or before December 31, 2026, remain enforceable by the California Division of Labor Standards Enforcement even after the law sunsets.

Action items:  Maintain and update right-to-recall programs, recall rosters, contact information for eligible laid-off employees, and manager training on seniority-based offers.

The author of this article, Anastasia Dyak, is a member of the Bar of Pennsylvania.  This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, California, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist.  Always consult an attorney with specific legal issues.