California Employment Law
California Employment Law Questions Answered by Legal Experts
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
would that also mean a not granted bereavement even it is all unpaid?
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
Thank you for replying immediately as well. I appreciate your sincere condolences.
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