Bereavement Law in California: Navigating Employee Grief

The death of a loved one is extremely upsetting. Having to contend with work requirements during this time is very stressful. In consideration of this challenge, California enacted some protections for employees. Effective January 1, 2023, Assembly Bill (AB) 1949 established vital rights under the state’s employment laws. This gives eligible employees time off to grieve without fear of losing their job. Both employers and employees need to be aware of this specific Bereavement Law in California.

This article outlines the key provisions of California’s bereavement leave law. We break down employee rights, employer obligations, and how to handle this delicate period.

California’s AB 1949: Key Bereavement Leave Provisions

AB 1949 places some bereavement leave obligations on many California employers. The following are the key components:

• Mandatory Leave: Private employers with five or more employees, as well as all public employers, must provide up to five days of bereavement leave to eligible employees.
• Eligibility: An employee must have worked for the employer for 30 days or more prior to the start of the leave to be eligible. Full-time and part-time employees are included. Note: Certain employees who are covered by collective bargaining agreements with different terms or state employees covered under other government codes have different provisions, provided they meet minimum standards.
• Covered Family Members: The law defines a “family member” very broadly. It is a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. Leave is not generally needed under this specific law for the loss of other relatives like cousins, aunts, or uncles, but company policy may differ.
• Leave Duration: Eligible employees are entitled to a leave of up to five days of bereavement leave per qualifying event. It is death by death. If an employee is eligible and loses multiple covered family members in a year, they are entitled to up to five days of leave for each such loss.
• Timing and Flexibility: The five days need not be taken consecutively. The leave is to be taken within three months of the family member’s death. This allows flexibility to take time for services, to deal with estate matters, or to take time as grief dictates within that time frame.
• Paid vs. Unpaid: AB 1949 renders the leave job-protected. It does not call for the leave to be paid. The law does require employers to allow employees to use accrued paid leave (e.g., vacation, personal days, or paid sick leave) for the bereavement period if the employee wishes. Check your employer’s specific policy. Some may offer paid bereavement days voluntarily.
• Documentation: Employers can request documentation to verify the death. According to instructions from the California Civil Rights Department (CRD), adequate proof would be a death certificate, published obituary, or verification from a mortuary, religious institution, etc. If needed, employees typically have 30 days from the first day of leave to do so. Employers are to keep this documentation confidential.
• Job Protection: The employers cannot discriminate, interfere with, or retaliate against the employee for taking advantage of the bereavement leave. The employee, upon their return, has the right to reinstatement in the same or comparable position.

Bereavement Leave vs. Other Leave Types (CFRA)

AB 1949 bereavement leave must be distinguished from other kinds of leave entitlement. Bereavement leave under AB 1949 is separate from and in addition to leave under the California Family Rights Act (CFRA). CFRA generally provides eligible employees with up to 12 weeks of unpaid, job-protected leave. Common reasons include bonding with a new child or caring for a family member with a serious health condition. The five days of bereavement leave do not reduce the amount of CFRA leave an employee may take for other qualifying reasons.

Handling Bereavement Leave in California: Employee Steps

If you are a qualifying California employee who has experienced a qualifying loss:

1. Review Employer Policy: Check your employee handbook or talk to HR. Read up on your company’s own bereavement leave policy and notice requirements. See if they offer any extra paid days beyond the legal requirement.
2. Notify Your Employer: Inform your supervisor or HR department of your need for leave as soon as possible. Indicate the relation to the deceased family member.
3. Define Leave Usage: Decide if you need consecutive days or intermittent leave within the three-month timeframe. Notify your plan, as it can change.
4. Use Paid Time Off (Optional): Decide if you want to take accrued vacation, sick, or personal time. This can be utilized to fill in the unpaid bereavement leave days to maintain income. Inform your employer of this choice.
5. Provide Documentation (If Requested): Be prepared to provide necessary documentation if requested by your employer, within the time required.

Employer Obligations Under California Bereavement Law

California employers under AB 1949 (5+ employees) must adhere to the Bereavement Law in California. Some of the key obligations include:

• Give up to five days of job-protected bereavement leave to eligible employees per qualifying death.
• Allow leave to be taken intermittently within three months of the decedent’s death.
• Permit employees to use paid leave balances for bereavement leave if the employee requests to do so.
• Maintain any documentation requested as confidential.
• Refrain from discriminating or retaliating against employees for taking leave.
• Reinstate employees to the same or comparable position upon return.
• Update employee handbooks and policies to accurately describe AB 1949 requirements.
  Non-compliance may lead to a lawsuit.

What if Your Rights Are Violated?

If you believe that your employer has improperly denied your request for bereavement leave under AB 1949, you do have options. This includes retaliation or discrimination due to your taking leave. You may file a complaint with the California Civil Rights Department (CRD). The CRD does investigate these allegations, and also offer mediation services for small employers.

How KAASS LAW Can Help

It may be difficult to comprehend and fight for your rights in California’s labor laws. Especially in the midst of a stressful process like grieving. KAASS LAW is experienced in fighting for employee rights in California. Our attorneys can help if you believe your employer has violated the state’s leave laws. We offer expertise specifically in California Employment Law and can provide a confidential evaluation of your situation. Please Contact Us ( for a consultation to understand your options.

Conclusion: Support During Difficult Times

California’s AB 1949 provides crucial support for grieving employees. It offers job-protected time off to address the immediate effects of the passing of an immediate family member. Although the leave is not necessarily paid, using accrued paid time off allows for financial flexibility. Knowing your rights under this Bereavement Law in California empowers you to take time off as appropriate without jeopardizing your employment. If you encounter issues with your employer regarding bereavement leave, remember that resources like the CRD and legal counsel from firms like KAASS LAW are available to assist you.