Bereavement Leave In California
The death of a loved one is an emotional blow that leaves close family members in deep grief. The grieving process takes a significant emotional and physical toll that can make it difficult to focus at work. Even more importantly, it’s only fair that an employer allows their workers time to grieve without fear of retaliation. Contact our employment law attorneys in Orange County for a free consultation today.
California is dedicated to fair employment laws under the California Fair Employment and Housing Act (FEHA) and the California Family Rights Act (CFRA) which protects medical and family care leave. Now, under the addition to the CFRA signed into law, the protection extends to the right to take bereavement leave in California after the death of a close family member.
What Are My Rights Under the California Bereavement Leave Section of CFRA?
Bereavement leave is now a protected right in California for employees who’ve suffered the loss of a family member. California Assembly Bill No. 1949 states:
“This bill would additionally make it an unlawful employment practice for an employer to refuse to grant a request by an eligible employee to take up to 5 days of bereavement leave upon the death of a family member, as defined. The bill would require that leave be completed within 3 months of the date of death.”
The protections guaranteed under the bill took effect in January of 2023 and apply to all California employers with five or more employees. The law prohibits employers from engaging in retaliation, discrimination, or otherwise interfering with their employee’s right to five days of bereavement leave.
The law allows grieving employees up to three months after the death to take their leave. This accommodates various needs after a death in the family. Some employees may need to take their leave immediately to plan and attend a funeral, while others may need leave time later to move an estate or visit other grieving family members. They may also split their five days of bereavement leave within the three-month span.
What Family Members’ Deaths Are Covered Under Bereavement Leave in California?
The California Family Rights Act defines close family members as the following:
- A spouse or domestic partner
- A child
- A parent
- A father or mother-in-law
- A sibling
- A grandparent
- A grandchild
An employer may choose to include other family members in the list at their discretion. Employers must also allow grieving employees to use any accrued time off to extend their five-day bereavement leave.
Bereavement leave is unpaid leave time under the requirements of CFRA, and employers may require documentation such as the death certificate to approve bereavement leave.
What If I Already Have Bereavement Leave As a Benefit of My Employment?
If your employer already has a bereavement leave policy, you must follow the procedure already in place; however, if the existing policy allows less than five days, you have a right to the five days of leave guaranteed by the CFRA for the death of a family member listed under the terms of the law.
Can an Employer Limit the Number of Bereavement Leaves I Take Per Year?
An employee has a legal right to five days of unpaid bereavement leave per death if they lose more than one close family member within a year. Employers may not retaliate against an employee who takes one or more bereavement leaves in a single year.
How Can our Orange County Employment Lawyers Help?
As an employee in California, you have a right to bereavement leave in addition to the other worker protections in place as long as you work for an employer with five or more employees. If your employer denied you leave time after the death of a close family member, you might be entitled to compensation. Call the California employment lawyers at Sessions & Kimball so we can evaluate the merits of your case and take appropriate action on your behalf.