2115 - Bereavement Leave (Historical View)
** Effective: 1/6/2021 4:39:43 PM - 1/26/2021 2:43:35 PM **Status: Active
Change Notes
Updated the application section adding language that excluded employees must provide substantiation and provided recommendation for employees represented by MOU.
Category
Leave
Audience List
- Labor Relations Officers
- Personnel Officers
Synopsis
This policy:
- Describes the entitlement of bereavement leave for represented and excluded employees.
Introduction
Bereavement is a leave granted to represented and excluded employees with permanent status, except as defined by the applicable Memorandum of Understanding (MOU).
Statement
Bereavement leave is used following the death of an eligible family member or any person residing in the immediate household of the employee at the time of death. The length of time following the death in which the bereavement leave must be taken is at the discretion of the appointing power.
An employee may go from dock status to bereavement leave, if upon the expiration of the bereavement leave the employee returns to work. An employee may not go from dock status to bereavement leave and then back to dock status.
Excluded Employees
Excluded permanent employees are entitled to bereavement leave with pay for the death of person related by blood, adoption, marriage or any person residing in the immediate household of the employee at the time of death. Bereavement leave shall not exceed three days for any one occurrence. However, if the death occurs outside this state, a request for two additional days of bereavement leave shall be granted, at the option of the employee, as either without pay or as a charge against any accrued sick leave credit. If additional bereavement leave is necessary, the employee may use accrued vacation, compensating time off, or take an authorized leave without pay, subject to the approval of the appointing power.
Excluded permanent intermittent employees may be granted bereavement leave, if the employee is scheduled to work on the day(s) for which the leave is requested, and for the number of hours the employee is scheduled to work those day(s), not to exceed three days. Permanent intermittent employee shall not be removed from scheduled work hours because the employee is on bereavement leave. Fractional time base employees shall be eligible for bereavement leave on a pro-rata basis, based on the employee’s fractional time base.
| Time Base | Hours for Each Bereavement Day |
|---|---|
| 1/10 | 0.80 |
| 1/8 | 1.00 |
| 1/5 | 1.60 |
| 1/4 | 2.00 |
| 3/10 | 2.40 |
| 3/8 | 3.00 |
| 2/5 | 3.20 |
| 1/2 | 4.00 |
| 3/5 | 4.80 |
| 5/8 | 5.00 |
| 7/10 | 5.60 |
| 3/4 | 6.00 |
| 4/5 | 6.40 |
| 7/8 | 7.00 |
| 9/10 | 7.20 |
Represented Employees
The MOU applicable to the employee lists eligible relationships and whether the bereavement leave allowance is per fiscal year or per occurrence. Most permanent or probationary intermittent employees are entitled to bereavement leave on a pro-rata basis for scheduled work days, calculated on the amount of time worked in the pay period. Part-time employees are entitled to bereavement leave calculated on the fractional time base of the employee for those days schedule to work.
To determine a represented employee’s eligibility, reference the applicable MOU
Application
Government Code section 19859.3 requires excluded employees to provide substantiation for bereavement leave requests. Substantiation may include, but is not limited to, a written and signed statement from the employee that states the relationship to the deceased and the date of death, or a copy of an obituary or funeral pamphlet if the employee and the relationship is listed. If an excluded employee does not provide substantiation, time off will not be documented as bereavement leave and the employee will use other available leave credits.
For represented employees, refer to the applicable MOU to determine if substantiation may be requested. If the MOU allows departments to request substantiation, CalHR recommends that the same or similar process for excluded employees is followed to ensure the appropriate use of this leave. At a minimum, departments should identify the category of eligible relationship for which leave is granted.
Authorities
- Bargaining Contracts - MOUs
- California Code of Regulations, title 2, section 559.923
- Government Code section 19859.3
Resources
PML
- PML 1982-001: PML 1982-001 - 10/1/1982 - Bereavement Leave
- PML 1982-011: PML 1982-011 - 12/10/1982 - Bereavement Leave
- PML 1987-013: PML 1987-013 - 8/7/1987 - Bereavement Leave - Non-Represented Employees
- PML 1987-027: PML 1987-027 - 12/28/1987 - Memo MM87-27 Scanned Hardcopies and Nonrepresented Fractional Time Base Employees
Authorized By
Melissa Russell
Chief,
Personnel Management Division
Contact Person
Personnel Services Branch
Personnel Program Consultant,
, Personnel Services Branch
Phone: 916-323-3343
Fax: 916-327-1886
Email: psb@calhr.ca.gov