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Losing a family member is one of the hardest experiences a person can face. 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 article explains how California bereavement leave generally works.
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 at least 30 days for an employer with five or more employees. You do not have to take the days consecutively.
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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,…
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.
You also do not need to take the five days all at once. The law specifically allows non-consecutive days. For example, you could take three days for the funeral and two more days later to handle the estate or attend a memorial. The only timing rule is that you must complete the leave 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:
Gov. Code § 12945.7(a)(3) sets this list. It is broader than many company policies written before 2023, which often covered only a spouse, child, or parent. So if your employer’s older policy leaves out a grandparent or sibling, state law still protects you. California law specifically prohibits retaliation, discrimination, or interference because an employee exercised their bereavement leave rights.
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 is simple. 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 worked for the employer for at least 30 days before your leave begins.
There is one narrow exception. Suppose a collective bargaining agreement covers you, already provides equivalent bereavement leave, and meets specific wage requirements. In that case, your union contract may satisfy the statute’s terms instead.
Yes. 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. It may disclose them 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. The same applies if you give information or testimony about it. Likewise, your employer cannot interfere with, restrain, or deny your attempt to take the leave.
If your employer denied your leave, fired you for taking it, or took other retaliation against you, you may have a claim. Our attorneys can review what happened and explain your options. If you are located in California, an attorney 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 different rules govern the two. 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 article 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, a separate benefit from bereavement leave.
If your employer denied your bereavement leave or retaliated against you for taking time to grieve, you have rights. You also do not have to navigate this alone. At Abramson Labor Group, we represent California employees in wrongful termination and workplace retaliation matters. Based in Burbank, we serve employees across California in English and Spanish, and we have earned more than 1,900 Google reviews. Consultations are free, and we work on contingency, so you do not pay anything unless we win.
Request a free case evaluation to discuss what happened and whether you have a claim.
No. The law allows non-consecutive days. For example, you can take some days for the funeral and the rest later, as long as you complete all leave within three months of the death.
Yes for a parent-in-law, which the statute expressly lists. However, the bereavement leave law does not name other in-laws, such as a sibling-in-law.
The bereavement leave requirement generally applies to private employers with five or more employees, as well as state and local public employers. Eligible employees of covered employers are entitled to up to five days of bereavement leave, although certain statutory exceptions may apply, including for some public employees and employees covered by qualifying collective bargaining agreements. Businesses with fewer than five employees generally are not covered by California’s bereavement leave requirement.
You are still entitled to a total of five days. The first three follow the paid policy. For the remaining two, you may use vacation, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available.
Yes. You must complete bereavement leave within three months of the date of the family member’s death.
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.
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