Californians would get more time off work to mourn dead loved ones under this bill

Large California employers would be required to provide up to 10 days of unpaid bereavement leave under a bill currently being considered by the Legislature.

The bill, Assembly Bill 95, authored by Assemblyman Evan Low, D-Cupertino, requires employers with 25 or more employees to offer 10 days of bereavement leave to employees whose spouse, child, parent, sibling, grandparent, grandchild or domestic partner has died.

The bill requires smaller employers to provide up to three days of bereavement leave.

Employees who are disciplined, discharged or discriminated against for taking such leave would be empowered to file a complaint with the Division of Labor Standards Enforcement.

Low’s office cited California’s growing number of COVID-19-related deaths as part of the impetus behind the bill.

“I understand that businesses small and large across the state are facing unprecedented hardships, so I want to be very clear in noting that I am listening to their concerns while crafting legislation that protects workers,” Low said in a statement. “Our state must act to show compassion for Californians who lose their loved-ones, especially during this crisis.”

This isn’t the first time state lawmakers have weighed a bereavement bill.

Low introduced a similar bill during the last legislative session. It died in committee.

Previous attempts to enshrine bereavement leave into state law have passed the Legislature only to be vetoed by Republican Gov. Arnold Schwarzenegger (twice) and Democratic Gov. Jerry Brown (once).

Low’s previous bill had the support of the California Labor Federation, which argued that “employees should not have to force themselves to be at full productivity as they cope with the loss of a loved one.”

That bill was opposed by the California Chamber of Commerce, which argued at the time that “making a 10-day bereavement leave mandatory in every situation, (the bill) removes the flexibility employers need to balance bereavement leave requests with other pressing leave requests.”

This story was originally published January 22, 2021 at 5:00 AM.