Bereavement Leave in California
Yes, bereavement leave is required in California
California requires employers with 5 or more employees to provide up to 5 days of bereavement leave following the death of a qualifying family member. The leave does not have to be paid, but employees may use accrued paid leave. Leave must be completed within 3 months of the death and does not need to be taken consecutively.
Key details
| Days allowed | Up to 5 days |
|---|---|
| Paid leave required? | No — Bereavement leave does not have to be paid unless your employer's existing policy provides for paid bereavement leave. You may use accrued vacation, personal leave, sick leave, or compensatory time off. |
| Employer size | Applies to employers with 5+ employees |
| Qualifying relationships | spouse, child, parent, sibling, grandparent, grandchild, domestic partner, parent-in-law |
| Consecutive days required? | No — Leave days do not need to be taken consecutively but must be completed within 3 months of the date of death. |
| Effective date | January 1, 2023 |
| Statute | Cal. Gov. Code §12945.7 |
Bereavement leave in California: what you need to know
California was one of the first states to mandate bereavement leave for private-sector employees. Assembly Bill 1949, signed in September 2022 and effective January 1, 2023, added bereavement leave protections to the California Fair Employment and Housing Act. Before AB 1949, no California law required private employers to offer bereavement leave, though many did voluntarily.
The law covers a broad range of family relationships, including domestic partners and parents-in-law. Notably, California does not require the leave to be taken in consecutive days. An employee could take two days immediately following a death and use the remaining three days in the weeks after, as long as all five days are used within three months. This flexibility recognizes that grief does not follow a neat schedule, and practical matters like estate administration and travel often extend well beyond a funeral.
California employees should know that while the law does not require bereavement leave to be paid, employers cannot prevent you from using existing paid leave balances. If you have accrued vacation, sick leave, personal days, or compensatory time, you can apply those to your bereavement absence. Many California employers already offered paid bereavement leave before AB 1949, so check your handbook because your employer's policy may actually be more generous than what the law requires.
Retaliation protections are strong. Because bereavement leave is part of the Fair Employment and Housing Act, firing or disciplining an employee for taking legally protected bereavement leave is treated the same as other forms of employment discrimination. If you believe your employer retaliated against you for taking bereavement leave, you can file a complaint with the California Civil Rights Department.
If you are a California employee planning ahead, it is worth knowing that bereavement leave eligibility begins after just 30 days of employment. There is no waiting period tied to full-time status or hours worked. This makes California's law accessible to a wide range of workers, including those in part-time, seasonal, or recently started positions. Keep in mind that while your employer can ask for documentation, they must give you at least 30 days after your first day of leave to provide it. You do not need to bring a death certificate to the office before you leave.
More California workplace laws
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Frequently asked questions about bereavement leave in California
California law allows employers to request documentation of the death, such as a death certificate, published obituary, or written verification from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency. The employer must request this within 30 days of the first day of leave.
Yes. The law applies to any employee who has worked for the employer for at least 30 days before the start of the leave. There is no minimum hours-per-week requirement. Part-time employees at employers with 5 or more employees are covered.
Not under AB 1949. The law defines a specific list of qualifying relationships: spouse, child, parent, sibling, grandparent, grandchild, domestic partner, and parent-in-law. Close friends, aunts, uncles, and cousins are not covered. However, you may be able to use PTO or request unpaid leave through your employer.
The mandatory bereavement leave law only applies to employers with 5 or more employees. If your employer has fewer than 5 employees, they are not legally required to provide bereavement leave. You can still request time off, use any accrued PTO, or ask about unpaid leave.
Yes. California law does not require bereavement leave to be taken consecutively. You can use your 5 days at any time within 3 months of the date of death. For example, you might take 3 days immediately and use the remaining 2 days a few weeks later for memorial arrangements or estate matters.