Bereavement Leave in California: What Workers Are Legally Entitled To
California employers with five or more employees, and California state and local governments, must give employees of 30 days or more up to five days of bereavement leave after a family member's death, to be used within three months. Whether it is paid, which relatives count today, what SB 1149's designated person will add from January 1, 2027, what proof your employer can ask for, and the deadlines if you were refused or punished.
California employers with five or more employees, and California state and local governments, must give employees of 30 days or more up to five days of bereavement leave after a family member's death, to be used within three months. Whether it is paid, which relatives count today, what SB 1149's designated person will add from January 1, 2027, what proof your employer can ask for, and the deadlines if you were refused or punished.
If you work for a California employer with five or more employees, or for a California state or local government, and you have been there at least 30 days, you can take up to five days of bereavement leave when a family member dies. The days need not be consecutive and must be used within three months of the death. The law does not require pay, but you may use vacation, personal leave, accrued sick leave or comp time.
At a glance
- Who qualifies: employees with at least 30 days on the job, at a private employer with five or more employees or at the State of California or a California city, county or other local government of any size.
- How long: up to five days for each family member's death, not necessarily consecutive, completed within three months.
- Pay: unpaid unless your employer's policy pays, but you may use vacation, personal leave, accrued sick leave or comp time.
- Family today: a spouse, child, parent, sibling, grandparent, grandchild, domestic partner or parent-in-law, as the California Family Rights Act defines them, so stepparents, stepchildren, legal guardians and anyone who stood in the place of a parent to you as a child count too.
- From January 1, 2027: SB 1149 will reword the family list and add a "designated person," a blood relative or someone whose association with you is the equivalent of a family relationship. Your employer will be able to limit you to one designated person in a 12-month period, but does not have to.
- Proof: if asked, you have 30 days from your first day of leave to document the death.
- Protection: refusing the leave, interfering with it, or punishing you for taking it is unlawful.
What people assume, and what California law says
| What people assume | What California law says |
|---|---|
| Bereavement leave has to be paid. | The law does not require pay. Your employer's existing policy applies, and you may use vacation, personal leave, accrued sick leave or comp time to be paid. |
| I have to take all five days right after the death. | The days do not have to be consecutive. You have three months from the date of death to use them. |
| I only get five days a year. | You get up to five days for each family member who dies. |
| Bereavement leave already covers an aunt, a cousin or a close friend. | Not yet, in most cases. Today those deaths are covered only if your employer chooses, unless the person stood in the place of a parent (in loco parentis) to you when you were a child, or you stand in loco parentis to them. From January 1, 2027, a blood relative or someone who is the equivalent of family will be able to qualify as your designated person. |
| My employer can demand a death certificate before I take the leave. | You do not have to give proof before the leave starts. If asked, you have 30 days from your first day of leave, and an obituary or a letter from a funeral home also counts. |
| Federal law gives me bereavement leave. | Federal law does not require bereavement leave. In California, the right comes from state law. |
Who qualifies for bereavement leave in California?
California's bereavement leave law is Government Code 12945.7, added by AB 1949 and in force since January 1, 2023. It covers you if you have worked for the employer for at least 30 days before the leave starts, and your employer is either "A person who employs five or more persons to perform services for a wage or salary" or "The state and any political or civil subdivision of the state, including, but not limited to, cities and counties." The five-employee test applies only to the first group, so the state, a city, a county or another political or civil subdivision of the state is covered whatever its size. Some state employees covered by a separate provision of state law are excluded.
The California Civil Rights Department (CRD) (formerly DFEH) enforces the law and publishes a bereavement leave FAQ for employees.
Union members keep the right unless the contract gives equivalent bereavement leave and meets the statute's pay conditions, including a regular hourly rate at least 30 percent above the state minimum wage.
Which family members count for bereavement leave?
Under current law, the statute lists "a spouse or a child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law". Those are the deaths your employer must give leave for today.
The statute adds that those relationships are "as defined in Section 12945.2," the California Family Rights Act (CFRA), and its definitions are wider than the plain words. A child is "a biological, adopted, or foster child, a stepchild, a legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis." A parent is "a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child." In loco parentis means in the place of a parent. A sibling is "a person related to another person by blood, adoption, or affinity through a common legal or biological parent."
Aunts, uncles, cousins, nieces, nephews and close friends are not on the list unless they fit one of those definitions, such as an aunt who stood in loco parentis to you when you were a child. An unmarried partner who is not a registered domestic partner is not on the list either. The Civil Rights Department's FAQ says an employer "may voluntarily allow bereavement leave to be taken upon the death of another person with whom you have a relationship," so check your handbook. That will change on January 1, 2027, as explained below.
How long is bereavement leave in California?
Up to five days for each death. Government Code 12945.7 makes it unlawful for an employer "to refuse to grant a request by any employee to take up to five days of bereavement leave upon the death of a family member." It adds that "The days of bereavement leave need not be consecutive" and that "The bereavement leave shall be completed within three months of the date of death of the family member."
So you can split the days. The CRD's example: after a parent's death, you could take three days straight away and two more two months later. The five days are also per death, not per year. The CRD says an employee who loses a parent, a child and a grandparent in the same year can take three separate five-day periods.
Is bereavement leave paid in California?
Not necessarily. The leave follows your employer's existing bereavement policy, and the statute sets a floor:
- No policy: the leave may be unpaid.
- Fewer than five paid days: you still get five days in total. The policy's paid days count, and the rest may be unpaid.
- Fewer than five unpaid days: you get at least five unpaid days.
In each case, Government Code 12945.7 says "an employee may use vacation, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available to the employee." If your employer gives three paid days, you may cover the other two with your own vacation or PTO, or take them unpaid. The statute gives that choice to you. It does not say your employer can require it.
Follow your employer's usual procedure, such as telling human resources, because the CRD says that requirement still applies. For how PTO requests work in general, see whether an employer can deny PTO in California.
Can you use sick leave for bereavement in California?
Yes, to be paid, because the bereavement statute lets you use accrued and available sick leave. Grieving and arranging a funeral are not themselves purposes listed in the paid sick leave law, Labor Code 246.5, which covers the diagnosis, care or treatment of a health condition, preventive care, and certain other listed reasons. Our guide to California sick leave law explains how sick leave accrues.
What can your employer ask for?
Proof of the death, but not before you go. Under Government Code 12945.7, if your employer asks, you provide documentation "within 30 days of the first day of the leave." Documentation "includes, but is not limited to, a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency."
Your request is also private. The statute says "The employer shall maintain the confidentiality of any employee requesting leave under this section," and your documents may be shared only with internal personnel or counsel as necessary, or as required by law.
What changes on January 1, 2027?
Senate Bill 1149 (Chapter 679, Statutes of 2026) was signed on September 27, 2026 and takes effect on January 1, 2027. From that date, it will rewrite the list of family members who count and add a "designated person" to it.
The bill defines a designated person as "any individual related to the employee by blood or whose association with the employee is the equivalent of a family relationship." It also says: "This designated person may be identified by the employee at the time the employee requests the leave." From 2027, that could reach an aunt, a cousin or someone you think of as chosen family, which is our plain-English gloss rather than the legal term.
The limit belongs to your employer. The bill says "An employer may limit an employee to one designated person per 12-month period for bereavement leave." If your employer does not set that limit, the bill imposes none of its own.
The rewritten list of relatives reads "A spouse or a child, parent, sibling, grandparent, grandchild, or domestic partner as defined in Section 12945.2." It no longer names parent-in-law separately, but it still ends "as defined in Section 12945.2," and the CFRA definition of a parent quoted above includes a parent-in-law. If this affects you, a lawyer can tell you how the new wording applies to a parent-in-law's death on or after January 1, 2027.
| Today | From January 1, 2027 | |
|---|---|---|
| Designated person | Not covered unless your employer chooses | Will be covered: a blood relative, or someone whose association with you is the equivalent of a family relationship |
| When you name them | Not applicable | You may name them when you request the leave |
| Limit | Not applicable | Your employer may choose to limit you to one designated person per 12-month period |
| Days, deadline, pay, proof, protection | Up to five days, within three months, unpaid unless a policy pays, proof within 30 days if asked | Unchanged |
The designated-person rule is not law until January 1, 2027, and the current list applies until then.
Can you be fired for taking bereavement leave?
No. Government Code 12945.7 makes it unlawful for an employer "to refuse to hire, or to discharge, demote, fine, suspend, expel, or discriminate against, an individual" because they used the right to bereavement leave, or because they gave information or testimony about their own or another person's bereavement leave.
The protection starts before the leave. The statute also makes it unlawful "to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section." A refused request falls under that rule, and pressure that stops you from asking may as well, along with a firing after you return. See our examples of workplace retaliation in California.
Ready to talk it through?
If your employer refused bereavement leave, or disciplined or fired you after you took it, the facts and the timing matter. Tell us what happened.
What if you need more than five days?
Government Code 12945.7 says the bereavement right is "separate and distinct from any right under Section 12945.2," which is CFRA. Bereavement leave does not use up CFRA leave, and CFRA's reasons for leave do not include a death. Our guide to California leave of absence laws explains what CFRA covers. Beyond that, extra time for grief itself depends on your employer's policy and on the vacation or PTO you have, so ask in writing and keep the answer.
If grief leads to a health condition, paid sick leave can be used for diagnosis, care or treatment of an existing health condition. Eligible employees, generally those with more than 12 months of service and at least 1,250 hours in the previous 12 months, may also take CFRA leave for their own serious health condition that makes them unable to perform the functions of their position.
After a miscarriage, stillbirth, failed adoption, failed surrogacy or unsuccessful assisted reproduction, a separate law applies. Government Code 12945.6 gives up to five days of reproductive loss leave for each event, and an employer is not obligated to grant more than 20 days within a 12-month period. For leave around pregnancy and a new child, see how long maternity leave lasts in California.
Federal law adds nothing here. The Family and Medical Leave Act (FMLA) does not list the death of a family member among its reasons for leave.
How long do you have to file?
Refusing bereavement leave, or punishing you for taking it, is an unlawful employment practice under the Fair Employment and Housing Act (FEHA). A claim goes through the CRD first.
- CRD complaint: the Civil Rights Department says "you must submit an intake form to CRD within three years of the date you were last harmed." The deadline comes from Government Code 12960.
- Lawsuit: you need a right-to-sue notice, a CRD letter that lets you go to court, before you file a lawsuit. Under Government Code 12965, you then have one year from the date of that notice.
- Small employers: if your employer has between 5 and 19 employees, Government Code 12945.21 says you must contact the CRD's dispute resolution division before you file a lawsuit. You cannot sue until mediation is complete or deemed unsuccessful, unless the CRD does not start a requested mediation in time. If neither you nor your employer requests mediation within 30 days of your employer receiving the CRD's notice, the mediation counts as complete at that point. Your filing deadline is paused from the day you contact the division until the mediation is complete or deemed unsuccessful, so the pause includes that 30-day window.
Our page on time limits for California employment law cases covers related deadlines. Deadlines can run early. Confirm yours with a lawyer.
Frequently asked questions
What is considered immediate family for bereavement leave in California?
Today, a spouse, child, parent, sibling, grandparent, grandchild, domestic partner or parent-in-law, as the California Family Rights Act (CFRA) defines them. That includes stepparents, stepchildren, legal guardians and anyone who stood in the place of a parent to you as a child, or to whom you stand in that place. Anyone else counts only if your employer chooses. From January 1, 2027, SB 1149 will reword the family list and add a designated person: a blood relative or someone whose association with you is the equivalent of a family relationship. Your employer may limit you to one per 12-month period.
Does bereavement leave come out of PTO?
You may use it, but the statute does not say your employer can require it. California does not require pay for bereavement leave unless your employer's policy provides it. You may use vacation, personal leave, accrued sick leave or comp time to be paid for the days. Any paid days in your employer's bereavement policy count toward the five.
Can I be fired for taking bereavement leave in California?
No. Firing, demoting, suspending or otherwise punishing you for requesting or taking bereavement leave is unlawful in California, and so is interfering with or denying the request. You can file a complaint with the Civil Rights Department within three years of the date you were last harmed.
How long after a death can you take bereavement leave in California?
You must complete the leave within three months of the date of death. Within that window you can split the days, for example three days after the death and two more a few weeks later, as long as the total is no more than five days.
What are the changes in California bereavement law in 2026?
No change to the bereavement leave statute took effect in 2026. SB 1149, signed on September 27, 2026, will reword the family list and add a designated person, starting January 1, 2027. Until then, the current list applies. The five days, the three-month window and the pay rules will stay the same.
Do I have to give my employer a death certificate?
Not necessarily. You do not have to provide it before the leave begins. If your employer asks, you must document the death within 30 days of your first day of leave. A death certificate works, and so does a published obituary or a written verification from a funeral home, mortuary, religious institution or government agency.
Where to start
If you were refused bereavement leave, pressured not to take it, or punished after you did, it may be part of a larger employment claim, and the firm reviews cases from anywhere in California. Our California employment law page explains the claims the firm handles. Deadlines can run early, so tell us what happened.
The Law Offices of Jonathan J. Delshad is a Los Angeles based employment law firm representing employees across California in wrongful termination, discrimination, retaliation, harassment, and wage and hour matters. Representing employees is the core of the firm's practice. Mr. Delshad serves as Editor-in-Chief of the California Wrongful Termination Law Review and trained at Latham & Watkins. Recognition includes Super Lawyers (2022 to 2027), Best Lawyers (since 2017), and an Avvo 10.0 "Superb" rating. Reviewed for California employment law accuracy. Last updated: October 23, 2026.
Attorney advertising. This article is educational only and is not legal advice. Reading it does not create an attorney-client relationship, which exists only under a signed engagement agreement. Every case is different, and outcomes depend on the specific facts. Deadlines can run early, so consult a lawyer promptly about your situation.
