What are the disability/bereavement rights of an employee?

In California, employers must abide by applicable employment law when it comes to disability and bereavement rights of their employees. Disability rights ensure that employees can take unpaid time off for medical, mental health, family, or bereavement needs without the risk of losing their job. This includes preventive care, medical treatment, or chronic illness of oneself or a family member. Bereavement rights typically allow an employee to take a longer period of unpaid time off to grieve for a close family member. Under the California Family Rights Act, an employer must allow employees to take up to 12 weeks of unpaid leave during a 12-month period for medical, mental health, family, and bereavement needs. For certain circumstances, such as when an employee is caring for a family member who is a covered service member, the leave may be extended up to 26 weeks. During the leave, the employee’s job is protected and the employer must maintain health benefits. However, the employer does not have to pay for the health benefits. Employers may require employees to provide documentation demonstrating the need for leave. Furthermore, the employer may require employees to provide reasonable notice when requesting the leave, as well as to provide periodic status reports regarding the need for leave. Employees who are covered by the Family Medical Leave Act are also entitled to the same disability and bereavement rights. These rights apply to employers with 50 or more employees. The FMLA provides up to 12 weeks of unpaid leave for certain medical conditions for oneself or a family member. Overall, employment law in California provides specific disability and bereavement rights for employees. These rights allow employees to take the necessary time off for medical, mental health, family, or bereavement needs without the risk of losing their job.

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