Required bereavement time has been discussed for several legislative sessions. Governor Newsom signed AB 1949 which requires California employers to provide up to five days of unpaid bereavement time to employees for each family member that meets established criteria. What do you need to know before this law goes into effect on January 1, 2023?
Who does this apply to?
An employee is eligible to take this time away if they have worked for the company for at least 30 days prior to the start of the leave. An employer must provide this time away if they have 5 or more employees that perform work on behalf of the company for wages. A family member follows the current definition under the California Family Right Act (CFRA) and includes spouse or a child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law.
Does my employee need to take this time away all at once?
No. Employees are not required to take this consecutively. However, employees must complete their time away within 90 days of the death of their family member. This means an employee can decide to take a full five days off, or they may elect a shortened work week for five weeks.
Can I require documentation?
Yes. Employers are able to require documentation from employees that utilize bereavement time away. This may include a published obituary, a death certificate, or written verification from a funeral home. The request for documentation must happen within 30 days from the first day of the employees time away.
What if I already have a policy in place?
If you have a policy in place that meets or exceeds this new requirement, then no action is needed at this time. A policy that exceeds the requirement would be one that provides at least five days of time away and/or paid time away of at least five or more days for the death of a family member as listed above.
If your policy is to provide unpaid time off, employees should be allowed to use other available paid time off (Paid Time off [PTO], vacation, California Paid Sick Leave [PSL], company sick time). Yes, this means unpaid bereavement time qualifies as a reason to take California PSL.
In Conclusion
Now is the time to review your applicable policies (bereavement, California PSL, PTO) to determine if any changes are needed. Reach out to your consulting team for guidance.