§ 12945.7
698 words·~3 min read·
/ca/government-code/12945-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)As used in this section:
(A)“Employee” means a person employed by the employer for at least 30 days prior to the commencement of the leave.
(B)“Employee” does not include a person who is covered by Section 19859.3.
(2)“Employer” means either of the following:
(A)A person who employs five or more persons to perform services for a wage or salary.
(B)The state and any political or civil subdivision of the state, including, but not limited to, cities and counties.
(3)“Family member” means a spouse or a child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law as defined in Section 12945.2.
(b)It shall be an unlawful employment practice for an employer to refuse to grant a request by any employee to take up to five days of bereavement leave upon the death of a family member.
(c)The days of bereavement leave need not be consecutive.
(d)The bereavement leave shall be completed within three months of the date of death of the family member.
(1)The bereavement leave shall be taken pursuant to any existing bereavement leave policy of the employer.
(2)If there is no existing bereavement leave policy, the bereavement leave may be unpaid, except that an employee may use vacation, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available to the employee.
(3)If an existing leave policy provides for less than five days of paid bereavement leave, the employee shall be entitled to no less than a total of five days of bereavement leave, consisting of the number of days of paid leave under the existing policy, and the remainder of days of leave may be unpaid, except that an employee may use vacation, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available to the employee.
(4)If an existing leave policy provides for less than five days of unpaid bereavement leave, the employee shall be entitled to no less than five days of unpaid bereavement leave, except that an employee may use vacation, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available to the employee.
(f)The employee, if requested by the employer, within 30 days of the first day of the leave, shall provide documentation of the death of the family member. As used in this subdivision, “documentation” includes, but is not limited to, a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency.
(g)It shall be an unlawful employment practice for an employer to refuse to hire, or to discharge, demote, fine, suspend, expel, or discriminate against, an individual because of either of the following:
(1)An individual’s exercise of the right to bereavement leave provided by subdivision (b).
(2)An individual’s giving information or testimony as to their own bereavement leave, or another person’s bereavement leave, in an inquiry or proceeding related to rights guaranteed under this section.
(h)It shall be an unlawful employment practice for an employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section.
(i)The employer shall maintain the confidentiality of any employee requesting leave under this section. Any documentation provided to the employer pursuant to subdivision
(f)or subdivision
(g)shall be maintained as confidential and shall not be disclosed except to internal personnel or counsel, as necessary, or as required by law.
(j)An employee’s right to leave under this section shall be construed as separate and distinct from any right under Section 12945.2.
(k)The section does not apply to an employee who is covered by a valid collective bargaining agreement if the agreement expressly provides for bereavement leave equivalent to that required by this section and for the wages, hours of work, and working conditions of the employees, and if the agreement provides premium wage rates for all overtime hours worked, where applicable, and a regular hourly rate of pay for those employees of not less than 30 percent above the state minimum wage.