California became the second state (after Illinois) to pass an unpaid reproductive loss leave law on October 10, 2023. Effective January 1, 2024, this new California leave law provides additional unpaid leave for reproductive loss, alongside the existing state bereavement leave, which offers unpaid leave following the death of an employee’s family member. Reproductive loss encompasses miscarriage, failed surrogacy, stillbirth, and unsuccessful assisted reproduction.
Losing a loved one is difficult and stressful, especially if you have to juggle job responsibilities. To support workers during this difficult time, California has passed legislation to assist grieving workers. California’s Bereavement Leave Law gives workers the right to take time off following the death of a close family member.
Whether you are an employee or an employer, understanding your rights and obligations is critical to maintaining compassion and compliance in the workplace during such sensitive times.
This article will provide you with an overview of California’s bereavement leave law.
Understanding California’s Bereavement Leave Law
California recognizes that employees are entitled to time off work during the death of a loved one. To acknowledge their rights, the state allows them to grieve, attend memorial services, and conduct related business without fear of losing their jobs.
Although details differ between different businesses, most provide at least three paid days. You can verify your company’s policy regarding bereavement leave by asking your supervisors in the workplace. Keep in mind that certain policies exceed legal requirements.
Who Is Eligible for Bereavement Leave?
California approves bereavement leave based on employment status and employer policies.
Check if your employer offers bereavement leave. Full-time workers may get better-paid holidays than part-timers, but under different terms.
Review your employee manuals or ask HR about your eligibility. The policy will most likely consider bereavement leave claims for employees’ wives, children, parents, siblings, and, in some cases, aunts, uncles, or distant cousins.
Duration and Usage of Bereavement Leave
Depending on HR department policies and their relationship to the deceased, staff members are permitted three to five days’ bereavement leave.
For extremely severe circumstances, such as the death of an immediate family member or a very traumatic experience, an employee may sometimes have to ask for more time off.
Depending on your employer’s bereavement policy, you will be required to take all of your leave days together or sporadically.
To avoid confusion and violations of company policies, it is recommended that you openly discuss your needs and situation with the HR department or your manager.
Employer Obligations Under the Law
Employers should allow the bereaved to mourn without too much pressure in a kind workplace. Under Assembly Bill 1949 (AB1949), employers in California need to provide up to five days of bereavement leave to eligible employees.
Flexible leave arrangements include support and an understanding that the employee may need time to process his or her loss.
Having good communication with your employer can affect your application for your leave. Know your employer’s bereavement policies and how they apply to you.
Ask your employer if they are able to connect you with counseling services or tools to help cope with the situation. The protection of a worker’s bereavement rights will heavily rely on their employers.
Steps to Take if Your Rights Are Violated
If you believe or feel that your rights regarding bereavement leave have been violated, take prompt action to address it.
Compile a mental record of every detail, including dates, conversations, and copies of any emails or texts.
Understanding your rights will allow you to review your company’s bereavement policy and verify its compliance with state and federal laws.
Clearly explain your issue to your supervisor or HR. Your position should be equally strong and polite.
If your company does not act on your problem or it remains unsolved, you can escalate your complaint to the Office of the California Labor Commissioner or talk to a lawyer. You can also seek a mediator to facilitate a peaceful resolution of your case.
