California’s active legislative year has finally come to a close, with Governor Gavin Newsom signing several new laws to further regulate the workplace. Summarized below are the laws expected to most significantly impact California employers. Unless otherwise stated, these new laws take effect January 1, 2023.
Beginning January 1, 2023, California employers will be required to provide up to five days of unpaid bereavement leave to employees upon the death of a “family member” (defined as a spouse or a child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law). While the leave may be unpaid, employers must allow employees to use accrued vacation, personal leave, accrued and available sick leave, or any other compensatory time off that is otherwise available. The new law also requires employers with existing bereavement policies with fewer than five days total to provide additional unpaid days so that employees have up to the five days required by the new law.
Beginning January 1, 2023, employees can “designate” an individual for the purposes of using leave under the California Family Rights Act or paid sick leave. Notably, however, the definition of “designated person” differs slightly based on the law providing the leave.
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