California Bereavement Leave Laws

In California, bereavement leave is a protected right for employees, allowing them to take time off following the death of a family member. This article provides a comprehensive overview of California’s bereavement leave laws, addressing key aspects such as eligibility, duration, and compensation.

What is Paid Bereavement Leave?

Paid bereavement leave refers to the period during which an employee is granted time off from work due to the death of a family member, with continued receipt of their regular wages. This leave enables employees to grieve, attend funeral services, and manage related personal affairs without financial strain.

Does California Have Bereavement Leave Laws That Differ from Federal Bereavement Leave Laws?

Yes, California’s bereavement leave laws differ from federal regulations. Effective January 1, 2023, California law requires employers with five or more employees to provide up to five days of bereavement leave upon the death of a family member. This state mandate offers more specific provisions compared to federal law, which does not mandate bereavement leave.

What Counts as a Qualifying Event for Bereavement Leave in California?

A qualifying event for bereavement leave in California is the death of a family member, defined as a:

• Spouse
• Child
• Parent
• Sibling
• Grandparent
• Grandchild
• Domestic partner
• Parent-in-law

These relationships are specified under the California Family Rights Act.

Are There Requirements to be Eligible for Bereavement Leave in California?

To be eligible for bereavement leave in California, an employee must have been employed by the employer for at least 30 days prior to the commencement of the leave. This requirement applies to both private and public employers with five or more employees.

How Much Bereavement Leave Time are Employees Entitled to in California?

Eligible employees are entitled to up to five days of bereavement leave per occurrence. The days need not be taken consecutively but must be completed within three months of the family member’s death.

Who is Considered Immediate Family for Bereavement Leave in California?

Immediate family members, for the purposes of bereavement leave in California, include:

• Spouse
• Child
• Parent
• Sibling
• Grandparent
• Grandchild
• Domestic partner
• Parent-in-law

These definitions align with those provided under the California Family Rights Act.

Is Bereavement Leave Required to be a Paid Leave in California?

California law does not require that bereavement leave be paid. If an employer has an existing bereavement leave policy that provides paid leave, the employee is entitled to use that paid leave. In the absence of such a policy, the leave may be unpaid; however, employees are permitted to use accrued paid leave, such as vacation, personal leave, or sick leave, during the bereavement period.

Does Bereavement Leave Have to Be Taken Within a Certain Timeframe in California?

Yes, bereavement leave must be completed within three months of the date of the family member’s death. The days of leave do not need to be consecutive and can be taken intermittently within this period.

Who Pays for Paid Bereavement Leave in California?

If an employer offers paid bereavement leave as part of their policy, the employer is responsible for paying the employee during the leave period. In cases where the employer does not provide paid bereavement leave, employees may use their accrued paid time off, such as vacation or sick leave, to receive compensation during their bereavement leave.

Conclusion

California’s bereavement leave law provides employees with the right to take up to five days off following the death of a family member, ensuring time to grieve and manage personal affairs. While the leave may be unpaid, employees have the option to utilize accrued paid leave balances. Employers are encouraged to review and update their bereavement leave policies to comply with state law and support their employees during difficult times.