Effective January 1, 2023, employees in California are entitled to five days of bereavement leave. The California Family Rights Act (CRFA) was amended in 2022 and bereavement leave was added to the list of legally allowed forms of leave that employees can take.
When a loved one passes away, it can be one of the most difficult and emotional experiences a person will experience in life. Adding to this extremely difficult situation, workers will need to take time off from work to attend the funeral and other related tasks associated with their loved one’s death.
This time off is a very sensitive matter for the employee. As such, employers should approach this issue with care and compassion. However, this is not always the case. When employers fail to follow the law, Maison Law will work with employees to hold them accountable.
Bereavement Leave in California
Generally speaking, bereavement leave is time off from work that is granted to an employee after the loss of a loved one. Under the law, a “loved one” can be any of the following:
- Spouse or domestic partner
- Child
- Parent
- Sibling
- Grandparent
- Grandchild
- Mother or father in-law
Even though the law is relatively new-Governor Newsom just signed it into law in September 2022- employers with more than five employees must provide every employee with at least five days of unpaid bereavement leave. The leave can either be taken altogether or intermittently over three months after the loved one’s death. Also, if the employee wishes to be paid during their leave, they can use any vacation or paid time off they have accrued.
While the passage of the amendment officially provides employees with bereavement leave, many companies already institute some type of bereavement leave via company policy. Employees can consult with human resources or review their company handbook to determine whether or not their company provides this leave.
Employee Protections Under the Law
Because the amendment is part of the California Family Rights Act (CRFA), it offers the same legal protections for employees in the event of a violation. Under the CRFA, employees can take up to 12 weeks of leave under certain conditions, which now includes the death of a loved one. When an employee takes bereavement leave, no matter how much advance notice they provide, it can make for a stressful work environment. Yet, when the employer violates the rights of the employee, it can add to an already stressful situation. Such violations usually take the following forms:
- Magnification of minor performance issues
- Making excessive work demands
- Demanding unrealistic expectations
- Issuing unwarranted disciplinary actions or performance improvement plans (PIP)
- Unexpected and selective termination or layoff
When employers take these actions against their employees, they not only violate the law but also discourage other employees from taking leave in the future. This chilling effect can have dire consequences to the overall work environment.
Legal Recourse for California Employees
When an employee is denied bereavement leave California’s Family Rights Act, they have a right to take legal action against their employers. Procedurally, the first step is to file an administrative complaint with the Department of Fair Employment and Housing (DFEH). Once that complaint is initiated, the DFEH will investigate and determine whether or not the employer violated the CFRA. Depending on the outcome, the employee can then either appeal the DFEH ruling or move forward with a civil lawsuit. Bringing a successful CFRA claim in civil court can lead to the recovery of the following damages:
- Reinstatement to the employee’s previous position
- Lost wages and back pay from wrongful termination
- Emotional distress damages
- Punitive damages, if the employer acted recklessly in their violation of the law.
An experienced attorney will be able to help you navigate the complicated legal process of filing a claim against your employer.
Compassionate and Skilled California Employment Lawyers
Maison Law is keenly aware of the difficulty and stress that employees face when they must take bereavement leave after the death of a loved one. Their team of compassionate and skilled employment lawyers not only offer top-notch legal services, but compassion and sympathy for their clients in this difficult time. They can ensure that the rights of their clients are protected and advocated for. Contact their office today to schedule a free initial consultation.
