As part of more than 100 new pieces of legislation, on September 29, 2022, California Governor Gavin Newsom signed AB 1949. Effective January 1, 2023, AB 1949 adds section 12945.7 to the Government Code to require employers with more than five employees to provide eligible employees with five days of unpaid bereavement leave.
AB 1949 Provides Five Days Unpaid Bereavement Leave for a Qualifying Family Member
Existing law under the California Family Rights Act (CFRA) requires employers to allow eligible employees up to 12 workweeks of unpaid protected leave for family care and medical leave. AB 1949 now additionally requires employers subject to the CFRA to allow eligible employees to take up to five days of bereavement leave upon the death of a “family member.” The bereavement leave may be unpaid, though employees may (but are not required to) use other paid time off including vacation, personal leave, accrued and available sick leave, and compensatory time off otherwise available. If the employer already has a policy allowing for fewer than five days of bereavement leave, it must increase the available amount to meet the required five days. Additionally, eligible employees must complete the leave within three months of the death, though the days of leave need not be consecutive.
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