Posted on December 29th, 2022
Full Transcription Below:
What’s up fellow entrepreneurs. Today I want to talk about California’s new bereavement law. But don’t worry, this one is not a bad one, and I do not think any employer would’ve trouble complying with this specific law.
But first, I’m an attorney, but I’m not your attorney. So please seek out competent representation for your specific legal need or question.
Okay, so new assembly bill number 1949 requires employers with five or more employees to grant bereavement leave up to five days upon the death of a family member. California is the third state to mandate this time off.
The law states a person who employs five or more persons to perform services for a wage or salary must now provide five days of unpaid bereavement leave. An employee who has been employed by the employer for at least 30 days prior to the commencement of the leave who lost a family member, is eligible for this leave.
A family member is defined as a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent law. The bereavement leave can be up to five days and an employee may use vacation, personal leave, uh, accrued and available sick leave or comp or compensatory time off that is otherwise available to the employee.
For the bereavement leave, the eligible employee will be entitled to the full five days of requested leave, even if the employer’s current policy says otherwise. An employer may ask for documentation. An employer violates the law if an employer refuses bereavement leave or discharges, demotes fines, suspends, expels, or discriminates against an individual because of bereavement leave.
So I don’t know. I’ve been representing thousands of them. I’ve represented thousands of employers and I can’t think of one that would do this to a grieving employee. Violating this new law may entitle a person to pass and future lost income and benefits, emotional distress damages and punitive damages.
Sometimes I think a lot of these laws are made based on some boogeyman out there that is mistreating employees. Certainly they’re bad employers, for sure.
But if anyone would punish an employee for a death in the family, they likely wouldn’t find very many good employees that would stay with the company.
Just my opinion, but even though I agree with this law, I honestly don’t know who it’s for.
All right. Until next time, be productive.
