Losing a loved one can be a devastating and overwhelming experience. It’s normal for people to become emotional as they learn to accept the loss. It’s because of this difficult process that bereavement laws are in effect, as these allow employees to spend time with their loved ones as they navigate a difficult and emotionally charged process. It’s important for all California business owners to abide by these laws, as failure to do so could lead to litigation.
At Fishman, Larsen & Callister, we defend employers against several different claims, including wrongful termination, whistleblowing, and discrimination. If an employee believes their bereavement rights are violated, it’s crucial for you to hire an attorney who can evaluate your case and achieve the best outcome possible.
What Is Bereavement?
Bereavement is the period of mourning after the death of a loved one. This process includes the range of emotions we go through during this process. Due to how impactful this process can be, there are laws in effect that allow employees to take time off from work for bereavement and be with their loved ones. Beginning in 2023, there are new laws that employers of all businesses must abide by.
California’s Bereavement Leave Requirements
Effective at the start of 2023, employers in California are required to grant all of their employees five days of bereavement due to the death of a family member. The new law, known as AB 1949, defines a family member as a spouse, child, parent, grandparent, grandchild, sibling, parent-in-law, and domestic partner. Bereavement leave can be used for every occurrence of a family member’s death, and there is no limit on how many times an employee can be eligible for this type of leave.
The law also allows employees to use other paid time off, including sick leave or personal leave, during their bereavement leave.
There are more specific rules that must be followed according to AB 1949:
- Employees must complete their bereavement leave within three months of the family member’s death.
- The bereavement leave does not have to be taken consecutively, as the employee can split up their five days so long as their leave is completed within the three-month timeframe.
- Employees must have worked for their employer for at least 30 days to qualify for leave.
- Employers may decide if documentation is needed, as well as if the bereavement leave will be paid or unpaid. All documentation must be kept confidential.
It’s important for employers to understand what their employees’ rights are if they already have a bereavement policy in effect. If the previous policy offered less than five days of paid bereavement leave, then the employee can receive wages for the number of days in that previous policy. Any additional days up to five do not have to be paid, but employees may use other paid leave options during these days. For employers who previously had an unpaid leave policy, their policy will still be unpaid, but employees can still use other paid leave options that are available.
There are additional, more specific rules that employers may need to abide by as a result of AB 1949, and employers should speak with an employment lawyer as soon as possible should there be any concerns. Employers should also update their employee handbooks to comply with the new laws and ensure their employees are aware of their rights.
FAQs
Q: What is the Bereavement Policy in California in 2023?
A: According to California Law, employers are required to provide up to five days of bereavement leave to their employees. The leave must be completed within three months of the death of the family member, and the leave does not have to be completed consecutively. Should an employer violate their employees’ rights to bereavement, their employees can take legal action. It is considered unlawful for an employer to refuse an employee’s request for bereavement leave.
Q: What Family Members are Covered Under Bereavement in California?
A: The new law defines a family member as a spouse, child, parent, grandparent, grandchild, sibling, domestic partner, or parent-in-law. For every occurrence of a family member’s death, the employee can use bereavement leave. Losing a loved one can be difficult for everyone involved, and it’s on the employer to provide their employees with bereavement to ensure they can spend time with their loved ones.
Q: Do Employers Ask for Proof of Bereavement?
A: Employers have the right to ask for documentation from their employees, and this documentation can include an obituary, death certificate, or written verification from a funeral home. If you choose to require documentation, the employee must provide it within 30 days of the first day of bereavement leave. It is also crucial for employers to keep these matters confidential.
Q: Is There a Legal Requirement for Bereavement Leave?
A: As of January 1, 2023, employers are required to offer bereavement leave to their employees. Employers must provide up to five days of bereavement leave to their employees, but employers can choose if this leave is paid or unpaid. Failure to provide bereavement leave can result in legal action being taken against your business. While employers can determine certain aspects of their bereavement leave policy, they are required to offer leave by law.
Fishman, Larsen & Callister: Your California Employment Experts
When an employee loses a loved one, you want to ensure they receive the time they need to be with their family and navigate through an overwhelming situation. When employees receive time away from work to be with family, they can return to work ready to move forward. When their bereavement rights are violated, they may likely pursue legal action. In all of these situations, it’s crucial to have an attorney by your side to defend you and your business.
The team at Fishman, Larsen & Callister possesses several decades of experience working with businesses to overcome several complex cases. Should you have any questions or concerns about employment law in California, we’re here to help. Contact our team today to learn more about how we can help you.