Does California Law Require That the Employer Pay Bereavement Pay to Employees?
California, as most other states, does not have a law pertaining to bereavement pay, but most employers do offer some type of leave policy to fit this situation. An employer, though, also has the legal right to terminate an employee if the employee takes this time off, whether it is paid or unpaid, so good relationships between employees and employers is the best policy for getting through emotionally trying times.
Other People Are Reading
-
Defined
-
When a close relative dies, employees sometimes request a bereavement leave, or even paid time off, to deal with matters relating to the death. This leave gives them a few days to make funerary arrangements for their loved ones and see to the legal obligations of such an event. Although there is no federal or California state law requiring a business to offer this leave, most businesses voluntarily offer some sort of solution to the problem.
Legislation
-
Senators introduced bill AB 2340 in 2010 to try and implement new California legislation requiring employers to legally offer a three-day, unpaid bereavement leave from work. The purpose of the bill was to protect an employee’s job, while not attempting to guarantee his pay for this period. The bill was opposed by other legislators and business associations, and didn’t become a part of California’s law. The opposing legislators opined that most businesses have a voluntary bereavement policy in place, and that a forced legislation may cause unnecessary hardships for California businesses. Currently, there is no specific California law that protects an employee’s position, therefore an employer may choose to let a worker go if he takes time off for bereavement.
-
Business Policy
-
Because this is an issue of great interest to employees, many California companies are adopting more comprehensive time-off plans to attract better qualified employee candidates. According to the Society for Human Resource Management, almost 42 percent of employers nationwide have some sort of paid time off plan that combines traditional vacation time, sick leave, and personal days needed. This plan allows employees to take the time they need for whatever reason they have. Those companies that don't have a comprehensive time-off policy usually offer a specific voluntary bereavement policy, which allows for one to four days of bereavement leave. While some companies offer it as a paid leave, others only allow for an unpaid leave.
Controversy
-
California does have a law requiring an employer to give a paid family leave of up to six weeks to care for an ill family member, but this doesn’t include bereavement leave. If the family member dies, the employee must return to work immediately, unless business policy allows for the bereavement leave.
-
References
- Photo Credit Hemera Technologies/Photos.com/Getty Images
