Are employees entitled to job-protected leave for the death of a family member?

Yes, employees in California are entitled to job-protected leave for the death of a family member. The Federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide certain job-protected leave rights to employees. Under the FMLA, eligible employees are entitled to 12 weeks of unpaid, job-protected leave in any 12-month period due to the death of a family member. To be eligible, employees must have worked for the employer for at least 12 months and have worked at least 1,250 hours over the last 12 months. Under the CFRA, employees are entitled to unpaid, job-protected leave for up to 12 workweeks within a 12-month period due to the death of a family member. Eligible employees must have worked for the employer for at least 12 months and have worked at least 1,250 hours over the last 12 months. Employers can require employees to substitute accrued paid leave, such as vacation or sick leave, for the unpaid portion of FMLA and CFRA leave. Employers also have the discretion to provide additional leave beyond the 12-workweek period required by the FMLA and CFRA. Employees are also entitled to unpaid, job-protected leave for the death of a family member under the California Paid Family Leave program. The leave is paid by the California Employment Development Department and is available to employees who have worked for the same employer at least 12 months and 1,250 hours over the past 12 months. The leave is capped at six weeks per employee per year.

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