Bereavement Leave

What Is Bereavement Leave?

Bereavement leave is time off from work granted to employees following the death of a family member. In California, Assembly Bill 1949, effective January 1, 2023, established a mandatory bereavement leave law that requires covered employers to provide eligible employees with up to five days of job-protected leave to grieve, make funeral arrangements, and attend to matters related to a loved one's death.

Before this law, California had no state-mandated bereavement leave requirement, and employers were free to offer it as a voluntary benefit or not at all. The new law brings California in line with other states that recognize the importance of allowing workers time to process grief and handle end-of-life matters without fear of losing their jobs.

California Requirements

Employer Coverage

California's bereavement leave law applies to:

Employer Type	Coverage
Private employers	5 or more employees
Public employers	All
Religious and nonprofit organizations	5 or more employees

Note: The employee count includes all employees, including part-time and temporary workers.

Employee Eligibility

To be eligible for bereavement leave, an employee must:

Requirement	Details
Employment duration	At least 30 days of employment prior to leave
Hours worked	No minimum hours requirement
Employment status	Full-time, part-time, and temporary employees

Unlike CFRA, there is no requirement for 12 months of employment or 1,250 hours worked. This makes bereavement leave accessible to newer employees who have completed their first month of employment.

Covered Family Members

Bereavement leave is available upon the death of the following family members:

Relationship	Included
Spouse	Yes
Domestic partner	Yes (registered or unregistered)
Child	Yes (biological, adopted, foster, stepchild, legal ward, child of domestic partner)
Parent	Yes (biological, adoptive, foster, stepparent)
Parent-in-law	Yes
Sibling	Yes
Grandparent	Yes
Grandchild	Yes

Important Distinctions

The law does not currently cover:

• Extended family members (aunts, uncles, cousins, nieces, nephews)
• Friends, regardless of closeness
• Pets (though some employers offer pet bereavement as a separate benefit)

Employer Flexibility: Employers may choose to expand coverage beyond the statutory minimum to include additional relationships.

Leave Duration and Timing

Amount of Leave

Feature	Requirement
Maximum leave	5 days per occurrence (death of family member)
Minimum increment	Not specified; employers may set reasonable policies
Multiple deaths	Separate 5-day entitlement for each qualifying death

When Leave Must Be Taken

Timing Requirement	Details
Start of leave	Within 3 months of the date of death
Completion of leave	Must complete within 3 months of death
Consecutive days	Not required; can be taken non-consecutively

Flexibility in Leave Use

The leave does not have to be taken in consecutive days. Employees may use bereavement leave:

• In full-day increments
• For attending the funeral or memorial service
• For making arrangements
• For handling the deceased's affairs
• For grieving and personal time

Example: An employee might take 2 days immediately following a parent's death, then take the remaining 3 days the following week for the funeral and family matters.

Pay During Bereavement Leave

Bereavement Leave Is Generally Unpaid

California's bereavement leave law does not require employers to provide paid leave. However:

Scenario	Pay Status
Statutory minimum	Unpaid
Employer policy	May offer paid bereavement as benefit
Union contract	May require paid bereavement
Employee choice	May use accrued vacation, PTO, or sick leave

Using Other Paid Leave

Employees have the right to use other accrued paid leave during bereavement:

Leave Type	Can Be Used?
Vacation/PTO	Yes, employee's choice
Paid sick leave	Yes, if employer's policy allows
Floating holidays	Yes, if available
Comp time	Yes, if available

Important: Employers cannot require employees to use other paid leave before or instead of taking bereavement leave, but employees may choose to do so for wage continuation.

Notice and Documentation Requirements

Employee Notice

Situation	Notice Requirement
General standard	Reasonable notice
Foreseeable death	As much advance notice as practicable
Sudden death	As soon as practicable after learning of death

The law recognizes that death is often unexpected and that employees may be in distress. Employers should be flexible with notice requirements during this difficult time.

Documentation

Employers may request documentation of the need for leave, but must accept any of the following:

Acceptable Documentation
Death certificate
Published obituary
Written verification from mortuary, funeral home, burial society, crematorium, or religious institution

Documentation Timing: Employers must give employees reasonable time to obtain documentation - within 30 days of the first day of leave is considered reasonable.

Privacy Protections: Employers must keep bereavement leave documentation confidential and cannot share it with others except as necessary for leave administration.

Job Protection

Reinstatement Rights

Bereavement leave is job-protected, meaning:

Protection	Details
Same position	Employee returns to same position held before leave
Same pay and benefits	No reduction in compensation or benefits
No retaliation	Cannot be penalized for taking leave

What Job Protection Means

During and after bereavement leave, employers cannot:

• Terminate the employee for taking leave
• Demote the employee
• Reduce the employee's hours
• Transfer the employee to a less desirable position
• Give negative performance reviews based on leave
• Count bereavement leave in attendance point systems

Prohibited Employer Actions

Retaliation

Employers are prohibited from retaliating against employees who:

Protected Activity
Request bereavement leave
Take bereavement leave
File a complaint about bereavement leave denial
Participate in an investigation regarding bereavement leave
Assist others in exercising bereavement leave rights

Interference

Employers cannot:

• Deny eligible employees their bereavement leave entitlement
• Require employees to work during bereavement leave
• Contact employees about work matters during leave (except genuine emergencies)
• Discourage employees from taking bereavement leave
• Create policies that effectively deny or limit bereavement leave

Interaction with Other Leave Laws

Bereavement Leave and CFRA

Feature	Bereavement Leave	CFRA
Purpose	Death of family member	Serious health condition, bonding, etc.
Duration	5 days per occurrence	12 weeks per year
Overlap	No - separate entitlements	Does not cover bereavement
Eligibility	30 days employment	12 months, 1,250 hours

Note: Bereavement leave is a separate entitlement from CFRA leave. They do not run concurrently.

Bereavement Leave and Paid Sick Leave

Paid sick leave in California can be used for:

• Employee's own health needs
• Kin care (caring for sick family members)
• Certain domestic violence/assault situations

Sick leave generally does not cover bereavement purposes directly, but some employer policies may allow it. Employees may choose to use sick leave to receive pay during bereavement leave if their employer's policy permits.

Bereavement Leave and Kin Care

These serve different purposes:

Situation	Appropriate Leave
Family member is ill and needs care	Kin care
Family member has passed away	Bereavement leave
Caring for ill family member who then passes	Kin care, then bereavement

Employer Compliance

Required Actions

Requirement	Details
Written policy	Must have bereavement leave policy
Notice to employees	Inform employees of bereavement leave rights
Process requests	Handle requests consistently and promptly
Maintain confidentiality	Keep bereavement documentation private
No retaliation	Train managers on anti-retaliation requirements

Policy Best Practices

Employers should develop written policies that address:

1. Eligibility criteria - Who qualifies for bereavement leave
2. Covered relationships - List all covered family members (minimum and any expanded coverage)
3. Leave duration - 5 days per occurrence
4. Timing requirements - Within 3 months of death
5. Notice procedures - How to request leave
6. Documentation - What documentation may be requested and when
7. Pay status - Whether leave is paid or unpaid
8. Use of other leave - Options for using vacation/PTO/sick leave
9. Return to work - Procedures for returning from leave

Record-Keeping

Employers should maintain records of:

Record	Retention
Bereavement leave requests	3 years
Documentation received	3 years (kept confidential)
Leave dates and duration	3 years
Any correspondence	3 years

Enforcement and Remedies

Filing a Complaint

Employees who believe their bereavement leave rights have been violated can:

Option	Process
Civil Rights Department (CRD)	File administrative complaint within 3 years
Private lawsuit	File in court after obtaining right-to-sue letter

Available Remedies

Remedy	Description
Reinstatement	Return to position if terminated
Back pay	Lost wages during wrongful termination
Benefits restoration	Any lost benefits
Compensatory damages	Emotional distress damages
Attorney's fees	Reimbursement of legal costs
Civil penalties	Fines paid to the state

Special Circumstances

Remote Employees

Remote employees working in California are entitled to bereavement leave:

• The employee's work location (California) determines coverage
• Employer's headquarters location is irrelevant
• Same documentation and notice requirements apply

Multiple Deaths

If an employee experiences multiple deaths within a short period:

Scenario	Entitlement
Two grandparents die in same month	10 days total (5 per death)
Parent and sibling die in car accident	10 days total (5 per relationship)
Same person qualifies under multiple relationships	5 days (one entitlement per person)

Pregnancy Loss

While not explicitly addressed in the bereavement leave statute, employees experiencing pregnancy loss may be entitled to:

• Pregnancy disability leave for physical recovery
• Bereavement leave if the loss qualifies (varies by interpretation)
• Sick leave for medical and mental health needs

Employers should handle these situations with sensitivity and flexibility.

Comparison with Other States

California's bereavement leave law compares favorably with other states:

State	Bereavement Leave Requirement
California	5 days, unpaid, job-protected
Illinois	10 days for child loss, 6 weeks for pregnancy loss
Oregon	2 weeks for certain family members
Maryland	No state mandate
Most states	No requirement

Practical Examples

Example 1: Death of Parent

Scenario: Elena, who has worked for her employer for 2 months, learns that her father has passed away. She needs time off for the funeral in another state.

Analysis:

• Elena is eligible (more than 30 days of employment)
• Father is a covered family member
• She is entitled to 5 days of bereavement leave

Outcome: Elena takes 3 consecutive days for travel and the funeral, then returns to work. She takes the remaining 2 days the following week to help her mother with arrangements. Her employer requests and receives a copy of the obituary as documentation.

Example 2: Unexpected Death and Documentation

Scenario: Marcus's grandmother passes away suddenly on a Tuesday evening. He calls his supervisor Wednesday morning to inform them he won't be coming in.

Analysis:

• Grandparent is a covered family member
• Notice was given as soon as practicable
• Documentation can be provided within 30 days

Outcome: Marcus takes 5 days of bereavement leave. He provides a copy of the death certificate to HR two weeks later, within the 30-day deadline. His employer maintains the document confidentially.

Example 3: Multiple Family Deaths

Scenario: Lisa's elderly parents are in a car accident. Her mother dies at the scene, and her father passes away in the hospital three days later.

Analysis:

• Both parents are covered family members
• Each death creates a separate 5-day entitlement
• Lisa is entitled to 10 total days of bereavement leave

Outcome: Lisa takes 7 consecutive days initially, then uses her remaining 3 days the following month when handling estate matters. Her employer treats each death as a separate bereavement event.

Example 4: Domestic Partner's Child

Scenario: Robert's domestic partner's son (Robert's stepchild, whom he has helped raise for 8 years) passes away after a long illness.

Analysis:

• Child of domestic partner is a covered relationship
• Robert is entitled to bereavement leave
• He may have also used kin care to help care for the child during illness

Outcome: Robert takes 5 days of bereavement leave. He provides documentation of his domestic partnership and the child's death certificate.

Employer Best Practices

Creating a Supportive Environment

Beyond legal compliance, employers should consider:

Practice	Benefit
Offer paid bereavement	Reduces employee financial stress
Extend covered relationships	Recognizes diverse family structures
Flexible scheduling	Accommodates varying grief processes
EAP resources	Provides professional grief support
Manager training	Ensures compassionate response

Communication During Leave

Do	Don't
Express condolences	Contact about routine work matters
Provide information about return	Pressure early return
Offer EAP resources	Ask for details about the death
Confirm leave dates and coverage	Make the employee feel guilty

Return to Work

Help employees transition back:

• Allow flexible schedule if needed
• Check in periodically (but don't pry)
• Be understanding of reduced productivity initially
• Provide ongoing access to grief resources
• Consider additional accommodations if requested

California's bereavement leave law represents an important recognition that employees need protected time to grieve and handle affairs following a family member's death. Employers who implement thoughtful policies and approach these situations with compassion will support their employees while maintaining legal compliance.