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Losing a family member is one of the hardest things a person can face. The last thing you should worry about is whether time off work for a death in the family will cost you your job. Since January 1, 2023, California bereavement leave has been a legal right for most workers. A new law expands it in 2027. Below, we explain how many days you get, who counts as family, whether you are paid and what to do if your employer says no.
How Much Bereavement Leave Do You Get in California?
Up to five days for each covered family member’s death, under Government Code section 12945.7. The right applies if you have worked at least 30 days for an employer with five or more employees. The days do not have to be in a row. You must finish them within three months of the death. The leave may be unpaid, but you can use accrued paid time.
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Danielle Langella is an Associate Attorney at Abramson Labor Group, where she helps California employees stand up for their rights at work. Before joining ALG, Danielle worked at Good American as a Marketing Coordinator and Assistant to the Brand Director,…
Key Takeaways
- California bereavement leave gives up to five days for the death of a covered family member (Gov. Code § 12945.7).
- You qualify after 30 days with a private employer of five or more employees, or with the state, a city or a county (§ 12945.7(a)).
- The leave applies to each covered death, not once per year, according to the Civil Rights Department’s bereavement leave FAQ.
- The leave may be unpaid. You may use vacation, personal leave, accrued sick leave or compensatory time off (§ 12945.7(e)).
- A new law, SB 1149, signed September 27, 2026, extends bereavement leave to a “designated person” starting January 1, 2027.
What Is Bereavement Leave?
Bereavement leave is time off work after the death of a family member. People use it to grieve, attend a funeral or memorial and handle the person’s affairs. Some employers call it funeral leave, and some people search for it as “grievance leave.” In California, it is a legal right under Government Code section 12945.7, not only a company benefit.
Is This Your Situation?
This article can help if:
- A family member died and you need to know how many days off you can take.
- You want to know whether bereavement leave is paid or comes out of your PTO.
- Your employer’s policy gives fewer days than you expected, or leaves out a relative.
- Your employer denied your request, asked for proof or treated you differently after you took leave.
How Many Days of Bereavement Leave Can You Take?
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 a covered employer to refuse that request.
You do not need to take the five days at once. The law allows non-consecutive days. For example, you could take three days for the funeral and two days later for a memorial. You must complete the leave within three months of the date of death.
The five days apply to each death. The Civil Rights Department (CRD) FAQ gives an example: if a parent, a child and a grandparent die in the same year, each death brings its own five days.
Who Counts as a “Family Member” for Bereavement Leave?
Under Gov. Code § 12945.7(a), California bereavement leave covers the death of your spouse, child, parent, sibling, grandparent, grandchild, domestic partner or parent-in-law. These are the people the law treats as immediate family for this leave. The death of a grandparent gives the same five days as the death of a parent. If your employer’s policy leaves out a grandparent or sibling, state law still protects you.
| Relationship | Covered now? | From January 1, 2027 |
|---|---|---|
| Spouse, domestic partner, child, parent, sibling | Yes | Yes |
| Grandparent, grandchild, parent-in-law | Yes | Yes |
| Aunt, uncle, cousin, sibling-in-law | Not required; your employer may choose to allow it (CRD FAQ) | Can qualify as your one “designated person” |
| Close friend or chosen family | Not required | Can qualify as your one “designated person” |
What Changes in 2027: Bereavement Leave for a Designated Person
Governor Newsom signed SB 1149 on September 27, 2026. Under California’s normal rule for new statutes, it takes effect January 1, 2027. There is no change for 2026: the current five-day rule and family list stay in place until then.
According to the Assembly Labor and Employment Committee analysis of SB 1149, the bill adds a “designated person” to the bereavement leave law. That is someone related to you by blood, or whose relationship with you is the equivalent of a family relationship. You may name that person when you request leave. Your employer may limit you to one designated person in a 12-month period. The analysis does not describe any change to the five-day limit or to pay.
Is Bereavement Leave Paid in California?
Bereavement leave may be unpaid, but you have the right to use paid time you have already earned. Gov. Code § 12945.7(e) sets four rules:
| Your employer’s policy | What you get |
|---|---|
| Has a paid bereavement policy | You take the leave under that policy |
| Has no bereavement policy | Up to five days, which may be unpaid; you may use vacation, personal leave, accrued sick leave or comp time |
| Gives fewer than five paid days | Five days total; the rest may be unpaid, and you may use your accrued paid time |
| Gives fewer than five unpaid days | At least five unpaid days; you may use your accrued paid time |
So if your policy gives only three paid days, you still get five days in total. Even when the leave itself is unpaid, you can use paid time you have already earned, such as PTO or any paid sick leave you have accrued.
Which Employers Have to Provide California Bereavement Leave?
Is bereavement leave mandatory in California? Yes, for covered employers. The law applies to private employers with five or more employees, and to the state, cities and counties. To qualify, you must have worked for the employer for at least 30 days before your leave begins. The statute sets no minimum number of hours, so part-time employees who meet the 30-day rule are not excluded.
There is one narrow exception for union members. Under § 12945.7(k), the law does not apply if your union contract meets four conditions. It must expressly provide equivalent bereavement leave and cover wages, hours and working conditions. It must also pay overtime premiums where applicable, and pay at least 30 percent above the state minimum wage.
How Do You Ask for Bereavement Leave?
Section 12945.7 does not set an advance-notice rule. The CRD FAQ says you do not have to provide documentation before your leave starts. In practice, a short written request helps you later if a dispute comes up.
- Consider telling your employer in writing which family member died and which days you plan to take.
- If you plan to split the days, say so. You can take the remaining days later, within three months of the death.
- If you want to be paid, ask to use your accrued paid time for those days.
- Keep a copy of your request and any reply. If your employer refuses or punishes you, an employment attorney can review what happened.
Can Your Employer Ask for Proof?
Yes. If your employer asks for documentation, you have 30 days from your first day of leave to provide it (§ 12945.7(f)). Acceptable proof includes:
- A death certificate
- A published obituary
- Written proof of death, burial or memorial services from a mortuary, funeral home, crematorium, religious institution or similar source
Your employer must keep your leave request and any documentation confidential. It may share them only with internal personnel or counsel as necessary, or as required by law (§ 12945.7(i)).
What If Your Employer Denies or Retaliates Against Your Leave?
Refusing bereavement leave, or punishing you for taking it, is illegal. Under § 12945.7(g), an employer may not refuse to hire, fire, demote, discipline or otherwise discriminate against you for taking bereavement leave. The same applies if you give information or testimony about it. Under § 12945.7(h), your employer also may not interfere with, restrain or deny your attempt to take the leave.
If your employer denied your leave or fired you for taking it, you may have a claim. The same is true for other retaliation. Claims like these generally follow the CRD’s complaint process. It generally allows three years from the date you were last harmed to begin. Deadlines vary by claim, so consider speaking with an employment attorney about which ones apply to you. Our article on the average settlement for a retaliation lawsuit explains what these claims can be worth. If you still work there, see whether you can sue your employer while still employed.
How Bereavement Leave Differs From Other California Leave Laws
Bereavement leave is separate from leave under the California Family Rights Act (CFRA). Under § 12945.7(j), it is a separate and distinct right. The CRD FAQ adds that it comes on top of other protected leave. Longer time to care for a seriously ill family member may fall under CFRA instead. The federal FMLA does not list bereavement as a reason for leave; its reasons are a new child, a serious health condition and certain military family needs (U.S. Department of Labor Fact Sheet 28). For a full comparison, see our article on CFRA vs. FMLA in California. For partial wage replacement while caring for a seriously ill relative, you may qualify for California Paid Family Leave, a separate benefit from bereavement leave.
| Leave | What it covers | Length | Source |
|---|---|---|---|
| Bereavement leave | Death of a covered family member | Up to 5 days per death, within 3 months | Gov. Code § 12945.7 |
| Reproductive loss leave | Miscarriage, stillbirth, failed adoption, failed surrogacy or unsuccessful assisted reproduction | Up to 5 days per event, 20 days max in 12 months | Gov. Code § 12945.6 |
| CFRA leave | Caring for a seriously ill family member, your own serious health condition, bonding with a new child | Up to 12 weeks | Gov. Code § 12945.2 |
Frequently Asked Questions
Does bereavement count as a sick day?
Not automatically. California bereavement leave is its own right. But § 12945.7(e) says you may use accrued and available sick leave to be paid for bereavement days. The statute frames that as the employee’s option. It does not say your employer can make you use sick leave.
Does bereavement leave apply to the death of an in-law?
Yes for a parent-in-law, which § 12945.7(a) expressly lists. The current law does not name other in-laws, such as a sibling-in-law. From January 1, 2027, a sibling-in-law could be your one designated person under SB 1149, if the relationship equals a family relationship.
Can a small business refuse bereavement leave?
It depends on the size. The law covers private employers with five or more employees (§ 12945.7(a)). A business with fewer than five employees generally does not have to provide it. It may still offer it by policy.
Do part-time employees get bereavement leave?
Generally, yes. An eligible employee is one employed for at least 30 days before the leave begins (§ 12945.7(a)). It sets no minimum hours. Neither the statute nor the CRD FAQ explains how to count a “day” on a part-time schedule. Consider asking your employer to confirm in writing.
Do California state employees get bereavement leave?
Yes. The CalHR Human Resources Manual gives most state employees at least five days under § 12945.7. The days are unpaid unless an MOU or policy provides more. Certain excluded employees under Gov. Code § 19859.3 get up to three paid days per death. They may take two more days, unpaid or charged to sick leave.
Is bereavement leave only for a death?
Yes, § 12945.7 applies to the death of a family member. A separate law, Gov. Code § 12945.6, gives up to five days of reproductive loss leave. It covers miscarriage, stillbirth, failed adoption, failed surrogacy and unsuccessful assisted reproduction. Our maternity leave article covers that leave alongside pregnancy leave.
Is funeral leave the same as bereavement leave?
For your legal rights, yes. California’s statute calls it bereavement leave, and some employer policies call it funeral leave. Whatever the name, § 12945.7 sets the minimum: five days within three months, not only the funeral day.
Can my employer make me return early from bereavement leave?
Not if you are eligible and within your five days. Section 12945.7(h) bars an employer from interfering with or restraining your use of the leave. The CRD FAQ also says your employer cannot demote, suspend or terminate you for using it.
When to Talk to an Employment Lawyer About Bereavement Leave
Consider speaking with a California employment lawyer if your employer refused your bereavement leave or would not let you use your paid time. The same applies if it shared your documents, or disciplined or fired you after you took leave. A lawyer can review your records, explain which deadlines apply and deal with your employer for you while you grieve.
At Abramson Labor Group, we represent California employees in wrongful termination and workplace retaliation cases. Our case reviews are free and confidential, and you do not pay anything unless we win. Request your free case evaluation, contact us, or call us at (213) 493-6300.
This article is general information about California law, not legal advice. Every situation is different. For advice about your specific case, talk to a licensed California employment attorney.