California Bereavement Leave Requirements 2024

With recent changes to California labor law, businesses and workers must stay up to date on bereavement leave in 2024. Assembly Bill 1949 (AB 1949), which affects companies throughout the state, has set fresh criteria for bereavement leave as of Jan. 1, 2023.

We’ve compiled everything you need to know about these criteria to make sure your company stays compliant, and your employees understand their rights. Let’s learn about AB 1949 and how Mosey can lend a hand with business compliance.

What Is AB 1949?

California law AB 1949 grants qualified workers the opportunity to take up to five days of bereavement leave following the loss of a qualifying family member.

This leave is independent of other types of leave, including the California Family Rights Act (CFRA) or Family and Medical Leave Act (FMLA). It is also protected, and companies cannot deny it to qualified team members. The statute covers all California companies with five or more workers.

Qualifying for Bereavement Leave

Under AB 1949, an employee must fulfill several requirements to quality for bereavement leave:

Employment Status: The worker must have been hired for at least 30 days before the desired leave.
Qualifying Family Members: Bereavement leave covers the death of a parent-in-law, grandchild, domestic partner, sibling, parent, child, or spouse. These ties are clearly defined in the California Family Rights Act (CFRA).

Since bereavement leave is for distinct events of qualified family member loss, there is no restriction on the number of times an employee may take it.

Timing and Structure of Bereavement Leave

AB 1949 offers flexibility in how bereavement leave can be taken:

The five days do not need to be taken sequentially. Workers can divide the days across three months after the death of a qualifying family member.
All five days of leave must be completed within three months of the family member’s death.

While still completing their duties at work, this adaptability allows staff members to control the grieving process in a way that best fits their circumstances.

Documentation Rules

Companies are free to ask for records proving the need for bereavement leave. Approved kinds of documentation consist of the following:

A death certificate
A newly published obituary
Written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency

Should an employer ask for paperwork, the worker must supply it 30 days following the first day of bereavement leave. The company must keep these records private and only share them as mandated by law.

What Is the Difference Between Paid and Unpaid Bereavement Leave?

AB 1949’s leave is paid to employees in particular ways. Consider the following:

Existing Bereavement Policies: Should a company already have a bereavement leave policy with fewer than five days of paid time, the employee is entitled to the designated paid days. There might be unpaid leftover days, up to five overall.
No Established Policy: If the company lacks an established policy, the five days of leave granted by AB 1949 may go unpaid. To compensate for the unpaid days, workers can use accrued paid leave — that is, vacation leave or sick leave.

Reviewing their present leave policies can help companies meet the new criteria and change their rules where needed.

Employer Obligations Under AB 1949

California employers have certain responsibilities under AB 1949. For example, it is unlawful for an employer to:

Refuse to pay, dismiss, demote, punish, suspend, expel, or discriminate against an employee for using their entitlement to bereavement leave.
Interfere with, limit, or deny an employee’s rights under AB 1949.
Retaliate against an employee for supplying information or evidence regarding the bereavement leave of another employee.

Employers must ensure their policies complement these legal obligations to prevent possible fines and preserve a motivating workplace.

Employees protected by a legitimate collective bargaining agreement are exempt from AB 1949, provided the agreement expressly accounts for:

Bereavement leave either equal to or more than what AB 1949 mandates
Target pay, hours worked, and working conditions
Premium pay for every hour of overtime put in
At least 30% over the state minimum salary and a consistent hourly rate of compensation

Additionally, state workers qualified for bereavement leave under Government Code section 19859 are excluded from AB 1949.

What Are the Implications for California Small Businesses?

Small firms with five to 19 workers should be aware that any claimed AB 1949 violation might be covered by the California Civil Rights Department’s mediation pilot program, just as CFRA infractions would be.

Small businesses should pay close attention to understanding and utilizing AB 1949’s criteria to guarantee continued compliance.

How To Adopt Bereavement Leave as an Employer

Employers can adopt AB 1949 bereavement leave requirements using the following guidelines:

Review and Update Policies

Companies should check their current bereavement leave policies to satisfy AB 1949 criteria. Now is the time to establish a policy if none exists.

Communicate With Employees

Tell each staff member the revised bereavement leave policy exactly. Make sure they know their rights and how to ask for time off.

Train Management

Train HR managers and staff on the new criteria so they may appropriately and sensitively manage requests for bereavement leave.

Preserve Confidentiality

Verify that all bereavement leave documentation is kept private and shared only as legally mandated.

Track Compliance

Review and update your leave rules often to stay in line with legislative changes coming forward.

Employers can ensure complete compliance with AB 1949 by following these guidelines and giving their staff the help they need during trying circumstances. Implementation depends on proactive policy reviews, effective communication, and training management.

Furthermore, protecting CA employee’s privacy and staying alert with compliance monitoring can enable your company to negotiate these obligations properly, promoting a kind and caring workforce.

What Is the Impact of Non-Compliance With AB 1949?

Abiding by AB 1949 is vital to preserving a fair and encouraging workplace. Non-compliance can have major repercussions for companies and workers alike, influencing everything from employee morale to the company’s legal posture.

Businesses should steer clear of risks and foster a positive work environment by understanding the possible effects of non-compliance:

Legal Repercussions

Legal action is one of the most pressing worries for companies that don’t follow AB 1949. Workers denied their entitled bereavement leave or who suffer reprisals for taking such leave may report issues to the California Civil Rights Department (CRD).

The CRD has the power to investigate allegations and impose regulations if legal compliance methods are needed. This might result in fines, penalties, or other legal actions directed against the company.

Employees may also receive a right-to-suit letter from the CRD, which allows them to pursue civil action. These lawsuits may be expensive, time-consuming, and harm the company’s reputation. Even if the company ultimately prevails, the process can disrupt operations and erode employee trust.

Effects on Staff Morale and Retention

Beyond the legal implications, non-compliance with AB 1949 can seriously reduce staff morale. Workers who feel unsupported following personal loss are less likely to remain involved and productive. They could also be driven to look for work elsewhere, raising turnover rates and resulting in more training expenses for newly hired staff.

Ignoring bereavement leave policies can also harm the company’s standing in the larger market. When deciding where to work, prospective workers prioritize corporate culture and perks. A company may look less attractive to top talent if basic employee rights are not recognized.

Ultimately, we cannot stress enough the need to follow AB 1949 and other state compliance measures. Employers must comprehend and abide by these criteria, as possible legal and reputational hazards and their effect on employee well-being call for their attention.

By doing so, companies guard themselves against legal action and show that their employees are their first priority, promoting loyalty and a positive work culture.

Stay Compliant in 2024 With Mosey

California’s AB 1949 is a significant turning point in the need for workers to take time off during one of the most trying times of their lives — the death of a loved one. Employers must follow and understand the law to maintain legal compliance while still providing their staff with the required assistance.

Luckily, Mosey’s compliance management system can help. Our compliance automation tools can keep track of the nitty-gritty of California labor law, allowing you to focus on running your business.

If you have any questions about state compliance, book a demo with Mosey to ensure your company is fully prepared to satisfy the law in 2024 and beyond.

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