The loss of a loved one is one of the most painful situations that anyone can go through, causing sadness in the family of the deceased, who will also need time to carry out the funeral procedures and share the last moments with the loved one. .
What is bereavement leave?
The labor code provides for the possibility, for employees whose family member has died, to be absent. The purpose of this leave, commonly known as bereavement leave or exceptional bereavement leave California, is to allow the employee to organize the funeral and other bereavement formalities, as well as to recover from the event as far as possible.
The legal part
These circumstances are not unrelated to workers, because at some point in their working life they will need time to dedicate to mourning and be absent from their workplace for a few days.
Given this situation, experts in labor issues point out that it is necessary to know what the law says in this regard.
For deaths occurring on or after July 1, 2020, the employee may also benefit from 8 days of bereavement leave, in the event of the death of his child under the age of 25 or of a person under the age of 25 years in his effective and permanent charge. This leave may be divided under conditions still to be defined by Decree.
To benefit from it, the employee must inform his employer at least 24 hours before the start of each period of absence. This bereavement leave can be taken within one year of the death of the child.
Taking this type of leave must not entail a reduction in remuneration, it being understood that the daily bereavement allowance, if any, paid must be taken into account.
This leave is assimilated to effective working time for the calculation of paid leave, the distribution of profit-sharing and participation in the company’s results. The employee who benefits from bereavement leave receives, for the duration of the leave, a daily allowance from Social Security, subject to ceasing all salaried or similar activity.
This daily allowance cannot be combined with:
• Compensation for sick leave;
• Compensation for maternity, paternity and childcare or adoption leave;
• Daily allowances paid in the event of an accident at work and occupational diseases;
• Unemployment benefits.
The employer who has maintained the insured’s remuneration is automatically subrogated in the rights of his employee to the daily indemnity. This means that the daily allowance will be paid to him.
Donation of days off
Any employee may, at his request and in agreement with his employer, anonymously waive days of rest or leave not taken in favor of an employee of the company whose child is seriously ill.
This option is also open to the benefit of another employee of the company whose child under the age of 25 has died or because of the death of a person under the age of 25 for whom the beneficiary was effectively responsible and permed. This waiver can take place during the year following the date of death..