Bereavement Leave in California
Complete guide to bereavement leave requirements, employee rights, and employer obligations in California.
California Bereavement Leave Requirements
State Requirement
AB 1949 requires 5 days unpaid bereavement leave for employers with 5+ employees
Bereavement Leave
AB 1949 (2023): 5 days unpaid bereavement leave for employers with 5+ employees.
Federal Requirements
No federal bereavement leave requirement for private employers. Federal employees receive bereavement leave.
About Bereavement Leave
Bereavement leave (also called funeral leave or compassionate leave) provides time off following the death of a family member or loved one. There is no federal requirement for bereavement leave, but many employers offer it as a benefit. A few states have begun requiring bereavement leave.
Typical Duration
3-5 days for immediate family, 1-3 days for extended family
Paid vs Unpaid
Most employer policies provide paid bereavement leave. State requirements (where they exist) may be unpaid.
Employee Rights
- ✓Use bereavement leave per employer policy or state law
- ✓Privacy regarding details of the loss
- ✓Potential to use FMLA for grief-related medical condition
- ✓Protection from discrimination based on family status
Employer Obligations
- •Follow any state bereavement leave requirements
- •Apply policy consistently to all employees
- •Respect employee privacy during grieving
- •Allow use of other leave types if bereavement leave exhausted
California Key Compliance Points
- !Provide 40 hours (5 days) minimum paid sick leave
- !Comply with CFRA for employers with 5+ employees
- !Register for State Disability Insurance (SDI) and PFL
- !Provide bereavement leave for employers with 5+ employees
- !Post required workplace notices
- !Comply with local ordinances (SF, LA, Oakland, San Diego)
Common Questions
Is bereavement leave required by law?
There is no federal requirement. California requires 5 days unpaid bereavement leave, and Illinois requires extended leave for loss of a child for large employers. Most bereavement leave is provided voluntarily by employers.
How many days of bereavement leave is typical?
Most employer policies provide 3-5 days for immediate family (spouse, children, parents, siblings) and 1-3 days for extended family.
Is bereavement leave paid?
Most employer policies provide paid bereavement leave, though there is no federal requirement. State requirements (where they exist) may be for unpaid leave.
What if I need more time than bereavement leave provides?
You may be able to use vacation, PTO, or unpaid leave. If grief causes a serious medical condition, FMLA leave may be available. Talk to your HR department about options.
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