Navigating Employee Grief: Bereavement Law in California
In 2022, California passed Assembly Bill (AB) 1949 which amended the California Family Rights Act (CFRA) to provide for bereavement leave. The law took effect in January 2023, but here are some reminders for employers about bereavement leave requirements. Under the law, employers with five or more employees must allow eligible employees to take up to five unpaid days of bereavement leave for certain family member s. Consistent with the CFRA’s broad definition, a “family member” means a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. Employers may voluntarily allow bereavement leave for a person not defined as a family member under the law. Although bereavement leave is unpaid, employers must allow employees to use any accrued paid sick days or personal days to receive pay during their bereavement leave. Employees are required to follow the employer’s bereavement leave policy pertaining to notice. Employees are not required to ta...