New Law May Offer Bereavement Leave to California Employees

A new law proposed by the California legislature would offer bereavement leave for California employees. The deadline for bills to pass in the California Assembly and Senate is August 31, and once both houses approve the legislation, the governor has until September 30 to sign or veto the measures. If approved, this new law would finally make bereavement time mandatory in the state of California. For more information about this and other issues involving California workers, call or contact an experienced employment law attorney today.

Current Bereavement Leave Practices

Currently in California, there is no law that requires employers to offer bereavement leave to their employees. Some employers voluntarily offer this type of leave for their workers, but not all. This means that some employees in California are not allowed to take time off from work in order to mourn the loss of a loved one. However, Assembly Bill 2999 would make bereavement time mandatory for most California workplaces.

Bereavement Leave Law

Under the new proposed law, AB 2999 would require employers to offer 10 days of unpaid bereavement leave per year to their employees, and employers with fewer than 25 employees would be required to offer three days of bereavement leave. The days would not need to be taken consecutively but must be taken within three months of the loss. This type of leave would apply to the passing of a spouse, child, parent, sibling, grandparent, grandchild, and domestic partners. Because there are no accrual requirements with this law, it would extend bereavement leave rights to all employees. Employees would also be able to take paid vacation days or other paid time off during their bereavement leave. However, employers are allowed to request documentation that proves the death of the family member when bereavement leave is taken.

The only exception to the new bereavement law is that it would not apply to employees already covered by a collective bargaining agreement if that agreement contains provisions for bereavement leave, the terms for wages, hours of work, and working conditions of employee members, premium wage rates for overtime worked, and base pay that is not less than 30% more than the California minimum wage. Those employees would still be bound to the bereavement leave terms in their collective bargaining agreement. To learn more about whether you may qualify for bereavement leave if the new law is passed, speak with an experienced employment law attorney today.

Call or Contact an Employment Law Attorney

Sadly, with the coronavirus pandemic impacting thousands of people across California, many employees may need to utilize bereavement leave in the coming months for the passing of their loved ones due to COVID-19. This new bereavement leave law will allow employees the time they need after the death of a family member to grieve properly before going back to work. To learn more about this potential new California employment law, call or contact an employment law attorney in your area today.