California law on bereavement leave at work can be divided into two categories: private and public employment.

If you are an employee at a private company, as of this date, your employer has no obligation to provide any bereavement leave, although the employer may choose to include time off for bereavement as one of the benefits of employment with them. Employers who provide this benefits generally have a full discretion on how long that leave might be, and they can also choose when to grant and when to deny it. Even if the employer violates his own policy and doesn’t provide any bereavement leave when the employee handbook states that the company does, this cannot form a basis for any type of legal claim against the employer, because violating company’s own policies, is not the same as violating the law and it’s not actionable in court.

If you are a state worker (with limited exceptions) you have the right to bereavement leave that’s governed by Government Code 19859.3. That sections provide, among other things:

The post Bereavement Leave Rights in California Made Simple appeared first on San Francisco Employment Law Firm Blog.