As anyone who has lost a loved one knows, a death in the family can be emotionally devastating, whether or not it was expected. The resulting grief can make focusing on work difficult, if not impossible. A relatively new California law now guarantees most employees unpaid bereavement leave following the death of a family member. The California bereavement leave law is important for family members to understand.

Who Qualifies for Bereavement Leave Under the New Law?

In order to qualify for bereavement leave, you must qualify for unpaid time off work under the law. Only companies that employ five or more workers are required to comply with the new law. If you work for a company with four or fewer employees, your company’s bereavement leave policy could still provide protections for taking unpaid time off following the death of a loved one.

Employers with five or more workers are required to allow workers up to five days of unpaid bereavement leave after the death of a family member. To qualify for bereavement leave under the law, the employee must have worked for at least 30 days. Government employees who work for the state of California are also eligible for bereavement leave.

Qualifying Family Members

Employers covered by the law are required to provide bereavement leave for employees following the death of specific family members, including a spouse, child, parent, grandparent, grandchild, sibling, or domestic partner. Some employers may also extend bereavement leave for the loss of individuals with whom the employee shared a significant relationship, such as an in-law.

If your employer already has an existing bereavement policy, you should adhere to its guidelines. In some cases, you may need to notify human resources when requesting leave. If the company policy provides fewer than five days, the law guarantees a minimum of five days of bereavement leave for the loss of a qualifying family member.

What Are My Options If My Employer Denies My Bereavement Leave

If your employer denies your right to take unpaid time off, such as bereavement leave, there are several steps you can take to protect your rights and strengthen your claim. Start by reviewing California’s bereavement leave law to better understand your rights. You should also review your company’s policy on bereavement leave to see what rights you have under those guidelines.

As soon as you can, document the incident by taking detailed notes. Include dates and names, who you spoke to, and your employer’s stated reason for denying your leave. If possible, follow up any verbal conversations with an email summarizing the discussion. This written trail could be very beneficial if you take legal action later on.

Then, request a formal explanation in writing for your employer’s actions. Be polite but firm when requesting this type of documentation. If your employer does not take steps to remedy the situation and accept responsibility, you can contact a labor attorney. Having legal representation can change the dynamic at work completely. You have the right to file an internal complaint about your rights being denied.

Where to File a Complaint

Typically, a complaint is filed with your company’s human resources department. Many employers have internal procedures for handling disputes. Use this opportunity to submit your documentation and ask human resources to intervene. Your attorney can review your case to see what the appropriate steps should be.

Your lawyer may contact the business owner directly to seek a solution outside of filing a complaint with the state. If the employer does not make a good faith effort to resolve the problem, your attorney can notify the Civil Rights Department so they can investigate the employer’s actions and enforce penalties as necessary.

California Bereavement Leave Law FAQs

Q: How Many Bereavement Days Are You Entitled to in California?

A: If your company qualifies for bereavement leave protections under state law, you may take up to five days of unpaid leave for the death of a loved one. You do not have to take the five days consecutively as long as they are used within three months of the family death. The time off for bereavement leave is unpaid, and your employer is required to retain you as an employee when you return.

Q: What Is the New Bereavement Leave Law in California in 2024?

A: The new bereavement leave law extends bereavement leave protections to any company with five or more employees. To qualify for protection under the law, you must complete at least 30 days of work at your current position. The state’s new law also applies to employees who work for the state of California.

Q: Is Bereavement Leave Paid Under the New Law?

A: No, bereavement leave is unpaid under the new state law. Employers cannot deny your time off if you qualify. Your employer must accept you back to work and cannot lawfully retaliate against you for exercising your right to take up to five days off within three months of the death of a close loved one.

Q: Can Bereavement Leave Be Denied in California?

A: No, bereavement leave cannot be denied as long as you qualify for time off under the law. To qualify, your employer must have five or more employees, and you must have worked for at least 30 days. If your employer denies your right to time off under the law, you can hire an attorney to hold your employer accountable for denying your rights.

Q: Does My Employer Have to Allow Me to Return to Work After My Bereavement Leave?

A: Yes, if you qualify for bereavement leave under the new law, your employer must allow you to return to work. The law affords protection from retaliation or harassment that stems from taking time off following the death of a loved one. Your attorney can explore taking legal action if you are wrongfully terminated for taking time off work.

Schedule Your Bereavement Law Consultation Today

Most workers in California qualify for unpaid time off following the death of a loved one. Your employer cannot deny your rights. If they do, Theory Law APC can represent you.

Our founding attorney focuses on employment law and has helped many workers successfully seek justice after the denial of their rights. If your bereavement leave rights were violated, we’re here to help. Contact our office today to set up a consultation with our lawyer.