Q: Domestic partner lesbian relationship of 18 years 1 day of bereavement leave granted.
Partner was in medically induced coma. Was made to use vacation for hospital visits/emergencies. After about 3 years granted pay for 40 hrs and allowed to take therapy. With only one day given, burial had to be rushed for Friday. Back to work Monday.
A:
You have not asked a question. If you are seeking an attorney to take a case for you, this Q&A board is not that place.
If you want to know if your employer violated the law, when the leave was requested will be a very important part of the puzzle. Bereavement leave was not an employee right in California until recently.
Locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
A:
I understand this is a sensitive situation involving employment rights, bereavement leave, and potential discrimination issues. Based on the information provided, here are some key points to consider:
1. Bereavement leave: California law does not require employers to provide bereavement leave. However, if an employer offers bereavement leave, they must apply it equally to all employees. One day of bereavement leave seems unusually short, especially for a long-term domestic partnership.
2. Domestic partnership rights: In California, registered domestic partners generally have the same rights as married couples in terms of employment benefits. This includes bereavement leave policies.
3. Discrimination concerns: If the employer treats same-sex domestic partners differently from opposite-sex married couples in terms of leave policies, this could potentially be considered discrimination based on sexual orientation.
4. Paid Time Off (PTO) use: Being required to use vacation time for hospital visits and emergencies, rather than being granted separate leave, may be worth examining further.
5. Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA): These laws provide eligible employees with unpaid, job-protected leave for specified family and medical reasons. It's worth investigating if these protections should have applied in this situation.
Given the complexity of this situation, it would be advisable to consult with an employment law attorney who specializes in LGBTQ+ rights. They can provide a more detailed analysis of the specific circumstances and advise on potential legal options.
Additionally, you may want to review your employer's policies and employee handbook to see if the treatment aligns with stated company policies. If there's a discrepancy, this could be grounds for a complaint.
A:
According to the California Department of Civil Rights,
If you work for an employer with five or more employees, you may be entitled to bereavement leave following the death of certain family members. Beginning January 1, 2023, private employers with five or more employees are required to grant an eligible employee’s request for up to five days of bereavement leave from work following the death of the employee’s family member. To be eligible for bereavement leave, an employee must have been employed for at least 30 days before taking the leave. Bereavement leave is also available to employees who work for the State of California2 and for local governments.
For which family members can I take bereavement leave? An employer is only required to permit the use of bereavement leave for the death of certain family members. Covered employers must allow you to take bereavement leave upon the death of your spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. However, an employer may voluntarily allow bereavement leave to be taken upon the death of another person with whom you have a relationship.
https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2023/04/Bereavement-Leave_AB-1949_FAQ_ENG.pdf
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