What Is Bereavement Leave in California? California employees are entitled to up to five days of bereavement leave when a family member dies. Under Government Code section 12945.7, this right applies to employees who have worked for their employer for at least 30 days, at any business with five or more employees. The days do not have to be taken consecutively.
Losing a family member is one of the hardest experiences a person can face, and the last thing you should have to worry about is whether taking time off will cost you your job. Since January 1, 2023, California law has protected your right to grieve. This guide explains exactly how bereavement leave works: who qualifies, how many days you get, whether it is paid, and what to do if your employer denies it.
You can take up to five days of bereavement leave for the death of a family member. Under Government Code section 12945.7(b), it is an unlawful employment practice for an employer to refuse this request.
The five days do not need to be taken all at once. The law specifically allows the days to be non-consecutive, so you can, for example, take three days for the funeral and two more days later to handle the estate or attend a memorial. The only timing requirement is that the leave be completed within three months of the date of death.
California defines “family member” broadly for bereavement leave. Under the statute, you are entitled to leave upon the death of your:
This list is set by Gov. Code § 12945.7(a)(3). It is broader than many company policies written before 2023, which often covered only a spouse, child, or parent. If your employer’s older policy leaves out a grandparent or sibling, state law still protects you. This same broad definition of family appears in other California leave laws, such as those covering maternity and pregnancy leave.
Bereavement leave may be unpaid, but you have the right to use your existing paid time to cover it. The answer depends on your employer’s policy:
These rules come directly from Gov. Code § 12945.7(e). The key point: even when the leave itself is unpaid, your employer cannot stop you from using paid time you have already earned, including any paid sick leave you have accrued.
The law applies to any employer with five or more employees, as well as to the state and its cities and counties. To qualify, you must have been employed for at least 30 days before your leave begins.
There is one narrow exception. If you are covered by a collective bargaining agreement that already provides equivalent bereavement leave and meets specific wage requirements, the statute’s terms may be satisfied through your union contract instead.
Yes, but only within limits, and your privacy is protected. If your employer requests documentation, you have 30 days from the first day of leave to provide it. Acceptable proof is broad and includes:
Your employer must keep both your leave request and any documentation confidential, disclosing it only to internal personnel or counsel as necessary, or as required by law, per Gov. Code § 12945.7(f) and (i).
Refusing bereavement leave, or punishing you for taking it, is illegal. The statute makes it an unlawful employment practice for an employer to refuse to hire, discharge, demote, fine, suspend, expel, or otherwise discriminate against you for exercising your right to bereavement leave, or for giving information or testimony about it. It is equally unlawful for an employer to interfere with, restrain, or deny your attempt to take the leave.
If your employer denied your leave, fired you for taking it, or retaliated in any other way, you may have a claim. Because bereavement leave falls under California’s civil rights laws, the same protections that apply to other forms of workplace retaliation apply here. Our wrongful termination attorneys can review what happened and explain your options. If you are in the Los Angeles area, a Los Angeles wrongful termination lawyer on our team can help you understand whether your firing was unlawful.
Bereavement leave is separate and distinct from leave under the California Family Rights Act (CFRA). Taking bereavement leave does not use up your CFRA leave, and the two are governed by different rules. If you need extended time to care for a seriously ill family member before their passing, that may fall under CFRA instead. For a full comparison, see our guide on CFRA vs. FMLA in California. And if you need partial wage replacement while caring for a seriously ill family member, you may qualify for California Paid Family Leave, which is a separate benefit from bereavement leave.
No. The law allows the days to be non-consecutive. You can split them, for example taking some for the funeral and the rest later, as long as all leave is completed within three months of the death.
Yes for a parent-in-law, which is expressly listed in the statute. Other in-laws, such as a sibling-in-law, are not named in the bereavement leave law.
Only a business with fewer than five employees is outside the law’s coverage. Any employer with five or more employees must provide the leave to eligible workers.
You are still entitled to a total of five days. The first three follow the paid policy, and you may use accrued vacation, sick leave, or PTO to cover the remaining two.
Yes. The bereavement leave must be completed within three months of the date of the family member’s death.
If your employer denied your bereavement leave or retaliated against you for taking time to grieve, you have rights, and you do not have to navigate this alone. Abramson Labor Group represents California employees in wrongful termination and workplace retaliation matters. Our team includes attorneys recognized among the Top 40 Under 40, and we have earned more than 500 five-star client reviews. Based in Burbank, we serve employees across California in English and Spanish. There is no fee unless we win.
Contact us for a free case evaluation to discuss what happened and whether you have a claim.
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