California Mandated Bereavement Leave Takes Effect Jan. 1, 2023

AB-1949 was signed into law, amending the California Family Rights Act (CFRA) to provide eligible employees with up to five days of bereavement leave upon the death of a family member. The CFRA applies to employers in the state with five or more employees and takes effect Jan. 1, 2023.

Highlights:

• Bereavement leave must be completed within three months of the date of the death.

• Leave must be taken pursuant to any existing bereavement leave policy (so long as the employee is entitled to no less than a total of five days of bereavement left).

• It may be unpaid in the absence of an existing policy, but employees are authorized to use other leave balances.

Documentation

• If requested by a covered employer, employees must provide documentation of the death of the family member within 30 days of the first day of leave.

• This includes a death certificate, a published obituary, or written verification of death, burial or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution or governmental agency.

Source: Combined