The loss of a loved one can be one of the most painful moments in a person’s life. California law recognizes this and provides protections to help employees take needed time away from work with dignity, and without the added stress of worrying about job security.
Below are five key things that employees should know about bereavement leave in California.
No. 1: California law guarantees up to five days of bereavement leave after the death of a family member. Most employers with five or more employees must provide up to five days of bereavement leave when an employee loses a spouse, domestic partner, child, parent, sibling, grandparent, grandchild, or parent-in-law. These five days are a legal minimum – many employers choose to offer more time or extend eligibility to additional family relationships.
No. 2: The five days do not need to be taken all at once. Grief does not follow a schedule. California law allows bereavement leave to be taken intermittently, so long as the time is used within three months of the family member’s passing.
No. 3: Bereavement leave is unpaid unless an employer offers paid leave. The law does not require employers to pay employees during bereavement leave. However, employees may use accrued vacation or other paid time off if they would like their bereavement leave to be paid. Some employers also choose to provide paid bereavement leave as a benefit.
No. 4: Employees are protected from retaliation for taking bereavement leave. Employers may not punish, terminate, demote, or otherwise retaliate against an employee for requesting or taking bereavement leave. Employers must also keep confidential any information provided by an employee (to an employer) in connection with a bereavement leave request.
No. 5: If five days is not enough, other types of leave may be available. Bereavement leave is separate from other forms of protected leave, such as leave under the California Family Rights Act (“CFRA”).
If you have questions about bereavement leave, call 916-612-0326 or email ([email protected]) Finley Employment Law today. Finley Employment Law serves clients throughout California, including Sacramento, Roseville, Davis, Folsom, and Elk Grove.
The information in this blog post is for general informational and advertising purposes only and is not, nor is it intended to be, legal advice. Instead, you should speak with a California employment attorney for advice regarding your individual situation.