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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27176
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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what if i have only started working from september 13, 2013,

Resolved Question:

what if i have only started working from september 13, 2013, and my grandmother suddenly october 29. could i have bereavement?
Submitted: 5 months ago.
Category: California Employment Law
Expert:  LawTalk replied 5 months ago.

Good morning,

I'm Doug, and I'm very sorry for your loss. My goal is to provide you with excellent service today.

While the CA Legislature has tried to pass, both in 2007 and again in 2011, bereavement laws granting employees time off from work to attend the funerals of family members, the bills have not ultimately passed, and CA has no specific law allowing employees to take any kind of bereavement leave at the present time.

While many companies do have a bereavement policy which allows employees to take the time off, the leave is not obligatory under the law and the employer may legally deny the leave.

So, unless your company has a policy allowing for bereavement leave, you would not automatically be entitled to take time off to mourn the loss of your grandmother. I am very sorry.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.


Please understand that I have no control over the how the law impacts your particular situation.

Thank you,

Doug

Customer: replied 5 months ago.

would that also mean a not granted bereavement even it is all unpaid?

Expert:  LawTalk replied 5 months ago.

Good morning,

I apologize if my original answer wasn't completely clear. The law in CA has no law concerning bereavement on the books right now for employees. That means that all bereavement leave is up to the employer---whether it is paid leave, unpaid leave or even allowed to be taken at all.

The law would technically allow the employer to be mean-spirited and not grant even unpaid leave if they wanted to act like that. It would not be very good employee relations to refuse even an unpaid bereavement leave to an employee---but it would not be illegal to refuse to grant the unpaid leave.

So under the law, your employer could refuse entirely to let you have any time off for bereavement, even unpaid time off.

You may reply back to me again if you have additional questions, and I will continue to assist you.

I wish you the best in your future,

Doug

LawTalk, Attorney
Satisfied Customers: 27176
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 5 months ago.
Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

I welcome you to request my assistance in any future legal questions you may have, by simply placing my name in the first sentence of your new question.


Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.
Customer: replied 5 months ago.

Thank you for replying immediately as well. I appreciate your sincere condolences.

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