01/06/2023
UPDATE YOUR HANDBOOKS & PAYROLL POLICIES RELATED TO NEW CALIFORNIA LAW STARTING JANUARY 1 ALLOWING 5 DAYS BEREAVEMENT LEAVE-Applies to California employers with five or more employees. Starting January 1, 2023 (AB 1949) allows employees to take up to five days of unpaid bereavement leave upon the death of a family member. A family member is defined as a spouse, domestic partner, child, parent, parent-in-law, sibling, grandparent or grandchild.
AB 1949 also allows an employee to also use other available paid time off such as vacation pay, personal leave, sick leave, or compensatory time off during their leave. Employers may choose to provide more benefits than the law requires, and some employers already provide bereavement time off with full or partial pay.
Requirements by employee:
-Bereavement leave must be completed within 3 months of the death of the family member.
Bereavement leave can be used intermittently (for example two days can be taken off to handle immediate affairs and then perhaps a month later three more days are taken to attend a celebration of life service).
-Bereavement leave is only available to employees who have worked for the employer for at least 30 days prior to the commencement of the leave.
Employers should create a form for employees to request the leave for consistent application. Employees have 30 days from the first date of leave to provide requested documentation, such as an obituary. The form could request an obituary, funeral program, or other documentation.
Employers- it’s best to update your employee handbooks, request forms, and payroll policies now.
