Bereavement Leave California: What the Law Says and What You Deserve

ByGeoffrey Byers

Losing someone is hard enough without having to figure out if you’re allowed to take time off. Between the shock, the paperwork, and the phone calls, most people don’t have the energy to decode employment laws or argue with HR.

But here’s the thing. If you work in California, you do have some rights. And if your job has five or more employees, the law is actually on your side. The problem is, not everyone knows what they’re entitled to. And unfortunately, some employers don’t make it easy to find out.

This guide breaks down California’s bereavement leave law—what it covers, who qualifies, and how to use it when you need it most.

Too Long; Didn’t Read: Bereavement Leave California

  • You’re legally allowed up to five days off to grieve when someone close to you dies. You don’t have to take those days all at once.

  • This leave is protected under California law, which means your job is safe while you take time to grieve.

  • It’s usually unpaid, but you can use sick leave or vacation days if you’ve got them saved up.

  • You might need to provide proof of the death, like a death certificate, an obituary, or something from a funeral home.

  • This only applies if your workplace has five or more employees and you’ve been there for at least 30 days.

Bereavement Leave California

The Law Is Real. It’s Called AB 1949

Since January 1, 2023, Assembly Bill 1949 has made bereavement leave a protected right in California. It’s part of the California Family Rights Act (CFRA), which already covers things like parental leave and time off to care for a sick loved one.

This new law adds something simple but powerful: the right to take time off when a family member dies, without risking your job.

If you’ve worked at your job for at least 30 days and your employer has five or more employees, you’re covered.

Who Counts as “Family”? (Hint: It’s Not Just Blood)

Under California law, you can take bereavement leave if any of the following people die:

  • Spouse

  • Child

  • Parent

  • Sibling

  • Grandparent

  • Grandchild

  • Domestic partner

  • Parent-in-law

If you’re not sure where your relationship fits, ask. Some employers may extend leave to other close relationships, especially if you’re covered under a collective bargaining agreement.

Do You Get Paid? Not Automatically

Here’s where it gets tricky. The law gives you the right to take time off, but it doesn’t require your employer to pay you.

So, what can you do?

You’re allowed to use any accrued paid leave you’ve earned. That might include:

  • Sick leave

  • Vacation time

  • PTO from your contract or union

Your employer must let you use that time, but they don’t have to offer paid bereavement leave if it’s not already in their policy.

You Don’t Have to Take All Five Days in a Row

You’re allowed up to five days of bereavement leave for each qualifying family member who dies. But you don’t have to take them all at once.

Some people take a couple days for the memorial services, then use the rest for follow-up tasks like handling the estate or packing up belongings. Others spread the days out over a few weeks just to have space.

The only rule is that you have to use the time within three months of the family member’s death.

Yes, They Can Ask for Documentation

Employers are allowed to ask for proof of the death. This might include:

  • A death certificate

  • An obituary

  • A note from a funeral home, religious institution, or burial society

You don’t need to provide it upfront, but if they ask, you’ll need to turn something in within 30 days of starting your leave.

What Happens If Your Boss Says No?

They’re not allowed to.

If your workplace meets the criteria (five or more employees, and you’ve been there at least 30 days), then this isn’t optional. Employers can’t deny your leave, demote you, or fire you for taking it.

If that happens, you can file a complaint with a government agency like the California Civil Rights Department. And if you feel overwhelmed, there are legal resources that can help you push back.

Real Talk: Five Days Isn’t Always Enough

Grief doesn’t have an off switch. You might still be making phone calls, chasing paperwork, or just trying to sleep through the night when those five days of bereavement are gone.

Some employers will let you take more time using vacation days or unpaid leave. Others might approve a leave of absence through other workplace policies. It’s worth asking.

Just know this: you’re not wrong for needing more time.

Final Thought: You Deserve Time to Grieve

You shouldn’t have to fight for time to mourn your family member’s death. And while California law isn’t perfect, it’s a start. It gives you the space to say goodbye, to sit with your loss, and to make decisions without rushing back to your inbox.

If you’re facing resistance or just trying to figure out your next step, remember: the law is on your side. And you don’t have to go through it alone.

Frequently Asked Questions: Bereavement Leave in California

1. Is bereavement leave paid or unpaid?
 It’s usually unpaid bereavement leave, unless your employer already offers paid time off. You can use accrued paid leave like sick leave or vacation days.

2. How many days do I get?
 You’re entitled to up to five days of bereavement leave per qualifying family member who dies. The time must be used within three months.

3. Who counts as a qualifying family member?
 Under the California Family Rights Act, that includes your spouse, child, parent, sibling, grandparent, grandchild, domestic partner, and parent-in-law.

4. What kind of documentation can my employer ask for?
 They may request a death certificate, obituary, or a written note from a funeral home, burial society, or religious institution.

5. What if my employer refuses to give me time off?
 If they have five or more employees and you’ve worked there for at least 30 days, they’re legally required to comply. You can file a complaint through a government agency if needed.


Similar Posts