How Many Days of Bereavement Leave in California?
By Corey Hanrahan
Effective January 1, 2023, California law now provides up to five days of bereavement leave upon the death of an employee’s family member. “Family member” includes a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law.
This law applies only to employers with five or more employees. So, if you work for a small company with less than five employees, you may not be entitled to bereavement leave. Also, in order to be eligible for bereavement leave under the new law, you must have worked for the company for at least 30 days prior to the commencement of the leave.
“…California law now provides up to five days of bereavement leave upon the death of an employee’s family member.…“
There are also some rules regarding the use of your bereavement leave. You are not required to take all of your bereavement leave consecutively. However, you must complete your bereavement leave within three months of the family member’s death.
As with most employment rights in California, there are also protections for employees taking bereavement leave. Employers cannot discriminate or retaliate against you for exercising your right to bereavement leave. Employers also cannot interfere with your right to use bereavement leave. So, if you find your employer trying to convince you that you should not take legally entitled bereavement leave, they may be acting in violation of the law.
If you have been denied bereavement leave, or if your employer has retaliated against you for asking or, or using, bereavement leave, contact The Hanrahan Firm for a free consultation.
