The California legislature passed Assembly Bill (AB) 1949, requiring California employers to offer employees five days of bereavement leave. Five days would be provided to each employee each time they lose a:
- Spouse
- Child
- Parent
- Sibling
- Grandparent
- Grandchild
- Domestic partner
- Parent-in-law
While bereavement leaves may be unpaid, employees may choose to use their accrued vacation, sick leave, or other paid time off options, such as personal days. If California Governor Newsom signs the bill, it would be the third state to mandate this type of time off, alongside Oregon, Maryland, and Pennsylvania. While there have been previous versions of a similar bill, this year’s version has bipartisan support, meaning opposing political parties have found common ground through compromise.
Understanding AB 1949
AB 1949 would cover all public employers and private businesses that have at least five employees in California. Full-time and part-time employees are eligible for this bereavement leave if they have worked for the business for at least 30 days. Employers can request documentation providing evidence of the family member’s death. These documents include a death certificate, published obituary, or other written verification of death, burial, or memorial services. However, all information must be made confidential. In addition, when employees take bereavement leave, it must be completed within three months of the date of death. The days of leave do not have to be consecutive.
What This Means For Small Business Owners
While many employers currently give bereavement time to employees, this bill would formalize this benefit in California. If you are a small business owner in California, it’s vital to look at your current policy and determine if it’s being implemented properly. If Governor Newsom signs the bill and employers fail to comply with the new law, they’d have to pay past and future:
- Lost income and benefits
- Emotional distress damages
- Punitive damages
It’s important to note that AB 1949 is separate from time off under the California Family Rights Act (CFRA). The CFRA authorizes eligible employees to take up to 12 weeks of paid or unpaid job-protected leave during a 12-month period.
The Benefits Of Partnering With A PEO
As a business owner, you understand the importance of staying compliant with laws and regulations. In addition, providing your employees with a competitive benefits package sets you apart from competitors and allows you to attract and retain quality talent. Partnering with GMS ensures you are compliant and attracting and retaining quality talent. Our team of experts works with you through the constant law changes, so you don’t have to worry about that added stress and time. Contact us today to get started.