Clarity on AB 1949 – California’s New Bereavement Leave Law

California has enacted a new bereavement leave requirement into law, effective January 1, 2023. The new law requires employers with five or more employees, including those covered by a collective bargaining agreement, to provide up to five days of unpaid leave to eligible employees for the death of a family member. The bill defines “family member” as a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law of the employee.

There seems to be confusion within the industry on if the bereavement leave authorized under AB 1949 is paid or unpaid. Upon introduction, we worked with the author to ensure the leave was “unpaid leave” and that the proposed law was not changed to “paid leave” throughout the legislative process. To be clear, AB 1949 does not provide any new state mandated paid time off. With that in mind, while on bereavement leave, an employee can use other available paid time off such as vacation pay, personal leave, or sick leave that they may have accrued.

Under the new law, bereavement leave is only available to employees who have worked for the employer for at least thirty days prior to the commencement of the leave. The five days of leave do not need to be taken consecutively but must be completed within three months of the death of the family member.

Employers are allowed to confirm the need for leave by asking for documentation, such as a death certificate, a published obituary, or a written verification of death, burial, or memorial services from a funeral home or other applicable entity. The request from the employer for documentation must occur within thirty days of the employee’s first day of leave.

The bill includes enforcement provisions that allow employees to file claims against employers who prevent them from taking bereavement leave or who take adverse employment actions against employees who take their leave. However, an especially crucial point for employers is that the bill is codified under the California Government Code and not the California Labor Code. This means that, while employers may see retaliation claims stemming from this new law, employees will not be able to file claims under the Private Attorneys General Act (PAGA) for any alleged violations.

Recent Posts

SCGMA 2024 CA Legislative Scorecard

The last actions of the 2024 California Legislative Session took place on September 30th, which was the deadline for Governor Newsom to sign or veto legislation. SCGMA again had an effective legislative session pursuing industry measures, highlighted by major reforms…

November 1, 2024

SCGMA Webinar: AI Applications in Construction

Join us for an engaging session on the transformative role of AI in the construction industry with Erin Khan, an established AEC technology leader. With over a decade of experience, Erin will share her insights on how AI is reshaping…

October 29, 2024

SCGMA Technical Bulletin – Spandrel and Shadowbox Considerations

The glazing industry has always provided innovations to their glazed facades in order to address the aesthetic considerations of the architectural designers.  Given the preference of coated glass with greater visible light transmissions and less reflectivity, spandrel conditions matching vision…

October 22, 2024

SCGMA YPG Event Recap – 2024 Glazing Boot Camp

On September 25th, we held another successful Glazing Boot Camp at our apprenticeship training facility in Commerce. Participants enjoyed an engaging presentation on layouts, setting the stage for the hands-on learning experience that followed. Attendees worked side by side with…

October 8, 2024

SCGMA YPG All Access Services Equipment Tour

Join us for an insightful tour of All Access Services, a leading provider of rental equipment, tools and machines throughout Southern California with 25 years of experience. Explore their extensive range of specialized glazing equipment, including glass handling tools, cutting…

August 27, 2024
MORE STORIES