An Overview of 2024 Bereavement Leave Laws in California
Disclaimer: This article is for informational purposes only and does not constitute legal or other professional advice. You should confirm any information with a legal professional.
Bereavement leave is a time for employees to take time to themselves, away from work, to deal with the aftermath of losing a loved one. California has written it into law that this type of leave be made available to individuals who meet certain criteria. Here’s what to know about bereavement leave in California.
How do I qualify for bereavement leave in California?
The law requires employers with at least 5 employees to provide bereavement leave to their employees who meet certain requirements.
In order to qualify for bereavement leave, the employee “must have been employed for at least 30 days before taking the leave”, according to the Civil Rights Department.
How do I take bereavement leave if I qualify?
To take bereavement leave, you should first follow your employer’s bereavement leave policy, as there may be a specific person you need to report to (such as HR). If they have no policy, you simply need to notify your employer that you are requesting bereavement leave. Some employers may request documentation, which you will need to provide. However, you do not need to provide the documentation before going on leave; you just need to provide it within 30 days of taking the first day of leave.
My employer already offers bereavement leave in California. Should I follow that policy or California’s bereavement leave policy?
You need to follow your employer’s policy regarding bereavement leave. The exception to this is if your employer doesn’t grant the minimum required five (5) days of bereavement leave. If your employer offers less than 5 days of bereavement leave, you are entitled to request up to 5 days.
Is bereavement leave paid in California? What is the bereavement pay rate in California?
Bereavement leave is currently not paid leave in California, though you are able to use your available paid sick leave and paid vacation days as your bereavement leave.
What is a “covered family member” for bereavement leave in California?
A covered family member is a family member that the California State Law on bereavement identifies as someone an employee can take bereavement leave for. Family members that are not in the “covered family member” list
Who is considered an immediate family member for bereavement leave in California?
California’s bereavement leave laws identify the following individuals as “covered” family members: Grandparents Grandchildren Spouses Children Parents Parents-in-law Domestic partners
While these are considered “covered” family members, employers can voluntarily allow employees to take bereavement leave after the death of any person they have a relationship with. You should talk to your employer regarding this if the need arises.
Do I need to take all of the bereavement leave at once?
You do not need to take all of the bereavement leave at once, but you do need to take the bereavement leave within the 3 months following the death.
I can’t afford to take 5 days off for bereavement leave. What should I do?
While the state of California bereavement laws do provide time for individuals to grieve the loss of a loved one and manage affairs, it does not provide bereavement pay. If you live in California, going for 5 days without pay could potentially cause financial hardship.
If you're unable to take unpaid bereavement leave due to financial constraints, there are a few options you could explore:
-
Talk to your employer: Discuss your situation with your employer. They may be willing to offer some flexibility, such as allowing you to use paid time off (if available) or granting you a shorter period of leave.
-
Request advance on paid leave: If you have accrued paid time off (such as vacation days or sick leave), you could ask your employer if you can use this time to cover some of the days you need for bereavement.
-
Explore other financial assistance: Look into other forms of financial assistance that may be available to you during this time, such as government support programs or community resources. You can also consider starting a memorial fundraiser on Ever Loved, for free, to cover unexpected expenses and bereavement leave.
-
Consider remote work or flexible hours: Depending on your job and employer policies, you may be able to work remotely or adjust your work schedule temporarily to accommodate your need to be present for your family while still fulfilling your work responsibilities.
-
Seek support: Don't hesitate to reach out to friends, family, or support networks for assistance and guidance during this challenging time. They may be able to provide emotional support or practical help to alleviate some of your financial concerns.
Remember that each situation is unique, so it's essential to assess your specific circumstances and communicate openly with your employer to find the best solution possible.
While taking bereavement leave can be incredibly helpful, it can also add more stress if you’re unable to afford the unpaid time off. Ever Loved offers free memorial websites where you can start a fundraiser to cover costs for just this situation. Many families receive support from their community after losing a loved one, which helps them cover unexpected costs related to losing someone.
