In the wake of great loss, expecting an individual to return immediately to work is usually unreasonable. Not only should everyone “enjoy” the right to grieve in peace for a time, but workers who are distracted by grief are at greater risk of getting injured and don’t tend to be particularly productive.
In California, bereavement leave allows employees to take time off from work to grieve and handle matters related to the death of a close family member. Until recently, California did not have a statewide law that required employers to provide bereavement leave, leaving it to the discretion of individual employers. However, on January 1, 2023, the state enacted a law that mandates bereavement leave for eligible employees under specific conditions.
State law: The basics
The law requires companies that employ at least five employees to provide up to five days of unpaid bereavement leave to those who are eligible for it. Leave may be taken upon the death of a close family member, including a spouse, domestic partner, child, parent, sibling, grandparent, grandchild or parent-in-law. While five days may not always be sufficient, it is better than nothing.
A worker’s leave must be completed within three months of the family member’s death and can be taken consecutively or non-consecutively. While mandatory leave is unpaid, employees have the option to use any accrued paid leave, such as vacation or sick time, if available. Some employers allow for paid leave. Workers who need to use bereavement leave can benefit from clarifying their employer’s policy before they take the time off.
With this said, not all employers honor this law. As a result, those whose rights have been violated can seek personalized legal support at any time to explore their options.