On September 29, 2022, Governor Gavin Newsom signed AB 1949 into law, making it unlawful for employers with five or more employees to deny an employee’s request to take up to five days of unpaid bereavement leave upon the death of a family member. AB 1949 is codified as an amendment to the California Family Rights Act (CFRA), but bereavement leave under the new law must be considered separate and distinct from the CFRA’s family and medical leave entitlement.
In other words, the five days of bereavement leave must be provided in addition to the 12 weeks of family and medical leave permitted under the CFRA.
The new law will take effect on January 1, 2023.
An employee is eligible for bereavement leave under AB 1949 if they have been employed for 30 days prior to the commencement of the leave. AB 1949 defines a family member as a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. Notably, the definition of family member for purposes of bereavement leave differs slightly from the definition of family member applicable to family and medical leave under the CFRA in that the latter definition was recently expanded to include a “designated person” starting on January 1, 2023. The new bereavement leave provision, however, does not include a designated person under its definition of family member.
The five days of bereavement leave need not be taken consecutively, but must be...
The Department of Basic Education (DBE) has moved to reassure parents and learners that public schools will remain open at the end of April, dismissing widespread social media claims of a shutdown ...