Understanding Bereavement Leave in the Workplace: Legal Rights and Company Policies

The loss of a loved one is a deeply personal and often overwhelming experience. How an employer handles bereavement leave during such times can significantly impact the well-being and loyalty of their employees. While bereavement leave policies may vary widely between different locations and companies, understanding the legal framework and company policies is crucial. This article provides an overview of the legal rights and company policies related to bereavement leave in the United States, specifically focusing on the changes in California.

Legal Rights to Bereavement Leave

In the United States, there is no federal law mandating bereavement leave. However, some states have enacted specific laws providing for bereavement leave, and employment contracts can also confer such rights. For example, in California, a new law took effect on January 1, 2023, providing up to five days of bereavement leave for a qualifying family member. The leave does not need to be taken all at once and must be taken within three months of the date of death. Importantly, this leave only applies to qualifying family members, such as a parent, spouse, child, parent-in-law, or grandparent. If you are a friend of someone affected, you may not be eligible for bereavement leave under this law.

Company Policies and Contractual Rights

Without a legal mandate, the availability and scope of bereavement leave are largely determined by company policies and employment contracts. In many organizations, the company may provide bereavement leave but retain the right to approve or deny requests based on business needs. For instance, my employer provided one day of bereavement leave per year, subject to approval by HR Legal and the CEO. Larger companies may have established policies regarding bereavement leave, but smaller companies might not offer this benefit at all.

Examples of Bereavement Leave Policies

Violations of bereavement leave policies can be complex, varying based on the specific circumstances and company policies. In some cases, an employer may require the use of vacation or paid time off days for bereavement leave. For example, if your application for bereavement leave is denied, the company might suggest using available vacation time. On the other hand, attending a funeral of a close friend might result in a shorter leave period, such as a few hours.

An example from my personal experience includes a colleague who passed away, working in a different department from where his spouse was employed. On the day of the funeral, three departments including mine shut down to allow everyone to attend. This level of support from the company is not universal and can depend on the nature of the relationship between the employee and the deceased, as well as the company's individual policies.

Conclusion

Understanding the legal rights and company policies regarding bereavement leave is essential for both employees and employers. While the U.S. does not have a uniform federal law, California has recently enacted a significant update to ensure employees have at least five days of bereavement leave. Employers should clearly communicate their policies and consider the personal nature of bereavement leave in their decision-making process.