Does time off to attend a funeral count as protected leave under either FMLA or CFRA?
The time is not protected under the federal Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA), but may be protected under California’s bereavement leave law.
California law requires employers to provide up to five days of bereavement leave when an eligible employee experiences the death of a spouse, child, parent, sibling, grandparent, grandchild, domestic partner or parent-in-law, as those terms are defined under the CFRA and the leave must be taken within three months of the family member’s death. However, this bereavement leave doesn’t count against the employee’s CFRA or FMLA leave entitlements.
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