Governor Newsom Signs SB 1149, Updates Bereavement Leave Protections to Chosen Family

SACRAMENTO, Calif. - Governor Gavin Newsom signed Senate Bill 1149, authored by Senator María Elena Durazo (D-Los Angeles), updates California's bereavement leave protections to recognize chosen and extended family.

SB 1149 updates California law to allow eligible workers to take up to five days of job-protected bereavement leave following the death of a "designated person," defined as someone related by blood or whose association with the employee is the equivalent of a family relationship. Employers may limit an employee to one designated person for bereavement leave during a 12-month period.

The new law builds on California's existing bereavement leave protections, which allow workers to take time away from work following the death of a spouse, child, parent, sibling, grandparent, grandchild, domestic partner or parent-in-law. SB 1149 recognizes that for many Californians, family extends beyond those definitions.

Chosen and extended family can play an especially important role in the lives of LGBTQ+ people, older adults, immigrants and others who rely on close-knit networks of care and support.

"This is good news for California's diverse families," said Senator María Elena Durazo. "When someone we love dies, we all need time to grieve. California law allows workers to care for seriously ill chosen and extended family members and those workers should also be able to take time to grieve, if their loved one dies."

SB 1149 brings California's bereavement leave law in line with the California Family Rights Act, which already recognizes a "designated person" for purposes of family care and medical leave. The new law ensures that workers who lose someone whose relationship is equivalent to family can take job-protected time to grieve their loss.

The legislation was cosponsored by AARP California, Equal Rights Advocates, the California Employment Lawyers Association, California Work & Family Coalition, California Coalition on Family Caregiving, Equality California, Californians for Safety and Justice, and Our Family Coalition.

SB 1149 Coalitions Quotes:

"For many LGBTQ+ people, chosen family is family, and the loss of someone we love is no less profound because that relationship falls outside a traditional definition of family," said Equality California Executive Director Tony Hoang. "With SB 1149, California's bereavement leave protections will recognize more of the families people actually rely on throughout their lives. We thank Senator Durazo for carrying this legislation and Governor Newsom for signing it into law."

"SB 1149 will ensure that all family relationships are recognized when a worker needs to take time off to grieve the loss of a loved one," said Mariko Yoshihara, Policy Director for the California Employment Lawyers Association. "After nearly 20 years fighting to make California's leave laws more accessible and equitable, the unanimous and bipartisan support of SB 1149 shows just how far we've come toward inclusive family leave policies that reflect the values of our state."

"For many communities, family isn't just who we're related to. It's also the friends, neighbors, and loved ones who make up our village of support," said Tinisch Hollins, executive director of Californians for Safety and Justice. "When we lose one of them, we deserve time to grieve and heal. Thank you to Senator Durazo for updating our state's bereavement leave protections and to Governor Newsom for signing SB 1149 into law."

"SB 1149 meets California families where they are, not where outdated definitions say they should be and for LGBTQ, BIPOC, and immigrant families, kinship beyond blood is family, and now we have a law that supports our lived realities" says Our Family Coalition Executive Director Mimi Demissew

Every worker should be able to take time to mourn the death of a close loved one, regardless of how their family defines itself." said Kel O'Hara, Senior Staff Attorney at Equal Rights Advocates. "SB 1149 is another important step towards ensuring that California's workplace laws reflect the reality of workers' lives. Thank you to Senator Durazo for making our state's bereavement leave policies more inclusive and to Governor Newsom for signing SB 1149 into law."

"The California Coalition on Family Caregiving advocates for unpaid family caregivers of older adults and people with disabilities. We're seeing, and the data also demonstrates, a rise in "solo agers" or people aging without a partner or adult children. These individuals depend on their chosen family for care. Caregiving relationships often span years or even decades and that bond deserves to be recognized with time to grieve."-Jenna Shankman, CaCFC Coordinator

"Losing a loved one is one of the most difficult experiences you can have. Being told that your love does not count under bereavement leave makes that pain much harder. Now that SB 1149 is signed into law, California workers will see their families honored in our bereavement leave law" said Yvette Cervantes, Orange County Caregiver and California Work & Family Coalition Steering Committee member. "Love isn't limited to immediate family and grief isn't either."

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