How Many Bereavement Days: NY Law 2023
Bereavement leave is a crucial part of any employment arrangement that allows employees to take time off when they lose a close relative. In New York, employers are not required by law to offer bereavement leave to their employees.
This article will focus on the entitlement of employees to bereavement days in New York and provide relevant information about the subject.
Understanding Bereavement Leave in New York
In New York, there is no law that requires employers to provide employee bereavement leave. Employers can choose whether or not to offer bereavement leave and may be required to comply with any policy or practice they maintain concerning bereavement leave.
If an employer offers bereavement leave, it is important to understand the eligibility requirements. Under New York law, bereavement leave is generally given to employees who have suffered the death of an immediate family member.
An immediate family member is typically defined as an employee‘s spouse, parent, child, brother, or sister. Relatives within the third degree of consanguinity may also be included in some cases.
Grandparent and parent-in-law may only be included if the employer’s policy specifies.
It is also important to specify how bereavement leave is provided. Bereavement leave can be provided on a per-occurrence basis or can be provided based on the number of hours or days an employee has worked.
The frequency of leave, such as the number of days, may vary based on the employer’s policy or collective bargaining agreement.
How Many Bereavement Days Are You Entitled to in NY?
Under New York law, there is no mandatory bereavement leave that employers are required to provide to their employees. However, some employers may offer bereavement leave as part of their employee benefits package.
If an employer chooses to provide bereavement leave, they must comply with any bereavement policy or practice that they maintain.
The proposed “Bereavement Act of 2022,” which has not yet been enacted, defines bereavement leave as a period of leave that an employee takes to grieve the death of an immediate family member or to attend or plan for their funeral. Immediate family members include an employee’s spouse, parent, child, brother, or sister, as well as relatives within the third degree of consanguinity.
If an employer provides bereavement leave, a covered employee may typically take up to three consecutive paid days of bereavement leave for the death of their child, grandchild, spouse, registered domestic partner, parent (including step-parent or legal guardian), or sibling.
It’s important to note that bereavement leave laws vary by state, and some states have mandatory bereavement leave requirements. For example, Oregon requires employers with 25 or more employees to provide up to two weeks of bereavement leave for the death of a family member.
New Bereavement Pay Bill for New Yorkers
New York is proposing a new bereavement pay bill that makes it mandatory for employers with over 100 employees to provide a certain amount of paid bereavement leave. This new bill comes after the state acknowledged the significant impact of the COVID-19 pandemic.
The proposed Bereavement Act of 2022 defines bereavement leave as a leave taken by an employee to grieve the death or to attend or plan for the funeral of an immediate family member. This includes an employee’s spouse, parent, child, brother, sister, and relatives within the third degree of consanguinity.
Amount of Pay and Requirements for Eligible Employees
This new bill requires covered employees to receive paid bereavement leave for up to three consecutive working days. The amount of pay is at least what the employee would have earned for the normal working hours during the bereavement leave.
Employers are not allowed to require covered employees to use their paid time off or sick leave during the bereavement leave.
Comparison to Current Bereavement Leave Law in New York
Currently, New York law does not require employers to provide bereavement leave to employees. Employers may choose to provide bereavement leave and may be required to comply with any bereavement policy or practice it maintains.
Bereavement Pay Requirements
In New York, employers are not legally required to offer bereavement leave. However, many employers may offer some form of bereavement leave and should communicate their policies and procedures to employees.
The “Bereavement Act of 2022” proposed in Section 3 defines bereavement leave as a leave taken by an employee to grieve the death, plan for the funeral or attend it, of an immediate family member. Immediate family members include the spouse, parent, child, brother, sister, and relatives within the third degree of consanguinity.
If an employer offers bereavement leave, the amount of days offered may vary. According to the New York State Labor Laws, eligible employees can take up to three consecutive working days of paid bereavement leave for the death of their: child (biological, adopted, foster child, step child, legal ward, child of an employee standing in place of a parent); grandchild; spouse; registered domestic partner; and parents, including step-parents.
However, if the employer does not offer any form of bereavement pay, employees may use paid family leave under the state’s Paid Family Leave (PFL) law. Eligible employees can avail of up to 12 weeks of paid family leave at 67% of their wages (up to a cap).
Paid family leave covers care for spouses, domestic partners, children, step-children, parents, parents-in-law, grandparents, and grandchildren.
Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) allows eligible employees of covered employers to take up to 12 weeks of unpaid leave per year for certain medical and family reasons. FMLA applies to companies with 50 or more employees, and eligible employees must have worked for the company for at least 12 months and 1,250 hours before taking leave.
To be eligible for FMLA, the reason for leave must be for the employee’s own serious health condition, the birth, adoption, or foster placement of a child, or to care for a spouse, child, or parent with a serious health condition. FMLA does not provide paid leave, but employers can choose to provide paid leave if they have a policy in place.
When it comes to bereavement leave, FMLA does not specifically address it, as it is not considered a qualifying reason for leave. However, if an employee experiences a serious health condition due to the death of a family member or the employee needs to care for a family member who experienced a serious health condition due to a death, then FMLA may apply.
Compared to New York bereavement leave law, FMLA provides a more comprehensive and flexible leave option for eligible employees. While it does not specifically address bereavement leave, it provides a framework for employees to take leave for certain medical and family reasons, including those related to the death of a family member.
Frequently Asked Questions
Who is eligible for bereavement leave in New York?
How many consecutive working days of paid bereavement leave are covered employees entitled to in NY?
Is documentation required for taking bereavement leave in NY?
What is the amount of pay for bereavement leave in NY?
Can an employer deny bereavement leave in NY?
Contact a New York Employment Discrimination Lawyer
If you have experienced bereavement discrimination at your workplace or have questions about your rights to bereavement leave in New York, it may be helpful to reach out to an experienced employment discrimination lawyer. A knowledgeable lawyer can advise you on the relevant laws and policies that may apply to your situation and represent you in any legal proceedings.
Mansell Law has been helping employees protect their rights in the workplace for over two decades. Our New York employment discrimination lawyers have experience handling a range of discrimination claims, including those related to leave and accommodations.
We offer a free initial consultation to discuss your legal options and help you understand your rights. Contact us at 646-921-8900 or through our website to schedule a consultation with one of our trusted legal professionals.
Conclusion
Bereavement leave is an important aspect of employment that provides employees the necessary time off to grieve and attend to the funeral of a loved one. In New York, employers are not required by law to provide bereavement leave, but they may choose to offer it.
New York State law allows covered employees to take up to three consecutive working days of paid bereavement leave for the death of certain immediate family members. If you are unsure about your rights to bereavement leave, it is recommended to seek legal assistance.
