Governor Gavin Newsom recently signed Assembly Bill 1949 (AB 1949) into law, which modifies the California Fair Employment and Housing Act (FEHA) to provide eligible employees with up to five days of bereavement leave after the death of a family member. The law requires employers to grant eligible employee requests to exercise this right exercise this right or to discriminate against an employee for exercising this right.
It is useful to understand what the new law does (and does not) require before it goes into effect.
What Does the New Bereavement Leave Law Require?
The new bereavement law requires covered employers to allow eligible employees to take up to five days of bereavement leave after the death of any of the following family members:
- Spouse or domestic partner
- Child
- Parent
- Sibling
- Grandparent
- Grandchild
- Parent-in-law
The law only requires that the leave be unpaid, but it specifies that if the employer has an existing bereavement policy that provides paid leave, the paid leave must still be required, in addition to any extra unpaid leave. Additionally, the law specifically requires the employer to allow eligible employees to use any paid leave benefits they have for bereavement leave.
The employer must keep the employee’s request confidential. Additionally, AB 1949 makes it an unlawful employment practice for an employer to refuse, interfere with, or restrain the use of the employee’s exercise of using bereavement leave or to give information or testimony about the employer doing such to another employer during an inquiry or proceeding related to the right to take such leave.
Finally, AB 1949 requires the Civil Rights Department to create a small employer family leave mediation pilot program for employers with 5-19 employees. If an employee requests an immediate right to sue alleging that their rights under the new bereavement law have been violated, the employee must receive a notification in writing of the requirement for mediation before filing a civil action if the employer or employee request mediation. The employee must contact the Civil Rights Department’s dispute resolution division before filing suit.
To Whom Does AB 1949 Apply?
The new bereavement law requirements apply to private employers with five or more employees and governmental employers, including city and county governments. Eligible employees are those who have worked at least 30 days before they would take bereavement leave. AB 1949 does not apply to employees covered by a collective bargaining agreement if that agreement provides for bereavement leave equivalent to the requirements of AB 1949.
New Rules to Take Bereavement Leave
Under the new bereavement leave law, employees must follow specific procedures, including:
Eligible employees must take leave within three months of the death.
They can take up to five days of leave, and that leave does not have to involve consecutive days.
The employer can require them to bring documentation to their employer of the death of a family member within 30 days of the first day of bereavement leave.
When Does This Law Go into Effect?
AB 1949 goes into effect on January 1, 2023. The law specifically provides that if the company has an existing bereavement leave policy, the leave must be taken pursuant to that policy. However, if the existing policy provides for less than five days of leave, the employee will have up to five days of leave. If the existing policy provides for paid bereavement leave, the employee is entitled to the number of paid days provided by the policy, plus any extra unpaid days of leave to get to the five-day requirement of the new law. However, the law states that the employee is entitled to take any personal leave, accrued and available sick leave, vacation, and compensatory time off that is available to the employee so that the time can be paid, if applicable.
Bereavement Leave Cases and Complaints
Employees in California will soon have the right to take bereavement law. Employers are not allowed to deny such requests so long as they are a covered employer and you are an eligible employee who has worked at the company for at least 30 days. If your employer denies your bereavement leave request, tries to interfere with your ability to take leave, or retaliates against you for exercising your rights, you are entitled to take legal action and may be entitled to financial compensation.
The employment law attorneys at SANFORD A. KASSEL, a Professional Law Corporation have decades of legal experience and a strong understanding of the law. We want to help you successfully navigate your case. Contact our office today to request a confidential consultation with an experienced employment lawyer.
