The loss of a loved one is one of life’s most difficult experiences. Unfortunately, many employees find themselves forced to balance grief with work obligations—often without knowing their rights under California law.
In 2022, the California Legislature passed Assembly Bill 1949 (AB 1949), officially granting bereavement leave protections to millions of California employees. This new law took effect on January 1, 2023, ensuring that workers across the state can take up to five days of protected leave following a family member’s death.
This article explains your rights under California’s bereavement leave laws, who qualifies, how leave is structured, and what documentation your employer may request. It also outlines what to do if your employer refuses to comply—because even in a very sensitive matter like grief, you deserve fairness and respect.
What Is Bereavement Leave?
Bereavement leave—sometimes called “grievance pay” or “funeral leave”—is time off employers grant to employees after the death of a qualifying family member. It allows workers to handle funeral arrangements, attend memorial services, and take the time necessary to process a loved one’s death.
While federal law does not guarantee bereavement leave, California became one of the few states to create a statewide mandate with Assembly Bill 1949, which added Government Code Section 12945.7 to the California Family Rights Act (CFRA).
Overview of California’s Bereavement Leave Law (AB 1949)
1. Covered Employers
Under AB 1949, all California employers with five or more employees—including both private employers and state employees—are required to provide bereavement leave.
This applies to nearly all workplaces, from California companies with only a handful of staff to large corporations and government agencies.
2. Eligible Employees
To qualify, an employee must:
- Work for an employer with five or more workers, and
- Have been employed for at least 30 days before the family member’s death.
Eligible workers are entitled to five days of bereavement leave following the loss of a qualifying family member.
3. Qualifying Family Members
Under California bereavement leave laws, the term “family member” includes:
- A spouse
- A child
- A parent
- A sibling
- A grandparent
- A grandchild
- A domestic partner
- A parent-in-law
This inclusive definition recognizes the variety of family structures in California and ensures that bereavement leave covers domestic partners and parents-in-law, not just immediate relatives.
How Much Bereavement Leave Are You Entitled To?
1. Length of Leave: Up to Five Days
Under AB 1949, employees are entitled to up to five days of bereavement leave for each family member’s death.
Employers can choose whether the leave must be taken consecutively or spread out over time, but they must allow the employee to use all five days within three months (90 days) of the loved one’s death.
2. Paid vs. Unpaid Bereavement Leave
The law requires employers to provide the time off, but it does not require paid leave. However, employers must allow workers to use accrued paid leave, such as:
- Accrued vacation
- Accrued paid time off (PTO)
- Accrued sick leave
This means that bereavement leave in California can be paid or unpaid, depending on the employer’s existing bereavement policies and what paid leave the employee has available.
Requesting Bereavement Leave: Notice and Documentation
1. Providing Notice
An employee takes bereavement leave by giving their employer advance notice of the need for time off, if possible. However, since death is often unpredictable, California law allows employees to notify their employer after the death if advance notice wasn’t feasible.
2. Employer Documentation Requests
Employers may request documentation to confirm the reason for the leave. Acceptable documentation may include:
- A death certificate
- A published obituary
- Documentation from a funeral home, religious institution, or burial society
Employers must keep this information confidential and use it solely for verifying the bereavement leave request.
Job Protection and Employer Obligations
1. Protected Time Off
California’s bereavement leave laws make this time job-protected, meaning an employer cannot fire, demote, or discipline an employee for taking approved leave. When an employee returns, they must be reinstated to the same or a comparable position.
2. Interaction with Existing Policies
If an employer already has an existing policy that offers fewer than five days of leave, California law requires the company to update its policy to meet the minimum standard of up to five days.
Employers can provide more generous policies—including paid bereavement leave—but they cannot offer less than the legal minimum.
3. Maintaining Legal Compliance
To maintain legal compliance, human resources departments should:
- Update employee handbooks to reflect AB 1949.
- Train managers on bereavement leave protected
- Clarify how accrued paid leave interacts with bereavement leave.
- Ensure confidentiality of all acceptable documentation.
Failure to comply can expose California employers to liability for employment discrimination, retaliation, or wrongful termination.
What Counts as a Qualifying Death?
The bereavement leave law covers any family member’s death—regardless of the cause or circumstances. Whether due to illness, accident, or unexpected tragedy, employees are entitled to up to five days per qualifying family member.
Employees can use the time for:
- Funeral arrangements
- Memorial services
- Attending a burial or religious ceremony
- Managing estate or legal affairs
- Taking personal time to grieve
Employers cannot require employees to take the leave immediately following the death; workers have up to three months to use their allotted days.
Interaction with the California Family Rights Act (CFRA)
Assembly Bill 1949 amends the California Family Rights Act (CFRA), which traditionally provided up to 12 weeks of unpaid leave for reasons like the birth of a child or a serious health condition of a family member.
However, bereavement leave under AB 1949 is separate from CFRA’s other leave entitlements. Employees may take five days of bereavement leave in addition to any other leave under CFRA, the California Labor Code, or any other laws permitting a leave of absence from work.
How Bereavement Leave Works in Practice
Let’s look at how the law applies in real situations:
Example 1: A Parent’s Passing
A worker at a small business with five employees loses her father. She notifies her manager and takes three days off for funeral services and two more later for estate matters.
Under California law, she is entitled to five days of bereavement leave within three months. Her employer may request a death certificate, but must keep it confidential.
Example 2: A Domestic Partner’s Death
An employee’s domestic partner passes away. Because domestic partners are considered qualifying family members, the employee is eligible for leave even if not married. They can use accrued vacation to make it paid leave if the company doesn’t offer separate grievance pay.
Example 3: Conflict with Company Policy
A large California employer offers only three days of bereavement leave in its handbook. The employee requests five days after their parent-in-law’s death.
The employer must comply with AB 1949 and allow five days, regardless of the older policy.
Bereavement Leave for Unionized and Contract Workers
Employees covered by a collective bargaining agreement (CBA) may have different bereavement policies. However, if the agreement offers equal or greater benefits than California bereavement leave, the CBA terms apply.
Employers cannot enforce policies that provide fewer than five days of bereavement or remove job protection for eligible employees.
Common Employer Mistakes
Even well-meaning California companies sometimes mishandle bereavement leave requests. Common mistakes include:
- Denying leave because the employer misinterprets who counts as a qualifying family member.
- Requiring advance notice when it’s not feasible.
- Refusing to allow the use of accrued paid leave.
- Requesting unnecessary documentation beyond what the law permits.
- Failing to reinstate the employee after leave.
Any of these errors can lead to claims with the California Civil Rights Department (CRD) or potential legal action against the employer.
How to File a Complaint if Bereavement Leave Is Denied
If your employer refuses to honor your bereavement leave rights, retaliates against you, or terminates you for taking leave:
- File a complaint with the California Civil Rights Department within three years of the violation.
- The CRD may issue a right to sue letter, allowing you to file a civil claim.
- You may also contact experienced employment attorneys—like AMG Law—to evaluate your case and protect your rights.
Why Bereavement Leave Matters
Bereavement leave is more than a benefit—it’s a recognition of humanity in the workplace. It gives employees the dignity and space to grieve without fear of losing their jobs.
By codifying AB 1949, the California Legislature acknowledged that grief impacts productivity, well-being, and overall morale. California employers who support grieving workers through bereavement policies not only comply with the law but foster loyalty and compassion within their teams.
Compassion and Compliance: A Balanced Approach
Dealing with grief is hard enough—navigating employment laws shouldn’t make it harder. Both California employees and employers benefit from clear, compassionate bereavement leave policies that balance business needs with human realities.
At its core, bereavement leave in California reflects a simple truth: everyone deserves time to mourn, heal, and be with their loved ones.
Call AMG Law at 323-746-1853 today for a free consultation.
Our experienced employment attorneys can help you understand your rights under Assembly Bill 1949, and help you take legal action if your right to bereavement leave is denied.
When you’re an employee seeking protection, AMG Law is here to guide you through every step with compassion and expertise.