Bereavement
Leave
California law guarantees most employees up to five days of bereavement
leave from work following the death of a family member.
1
The Civil Rights
Department (CRD), which enforces this right to bereavement leave, created this
Frequently Asked Questions (FAQ) document to help employers and employees
understand this right, which became eective on January 1, 2023.
1
2
3
Is bereavement leave available to me?
If you work for an employer with five or more employees, you may be entitled to
bereavement leave following the death of certain family members. Beginning January
1, 2023, private employers with five or more employees are required to grant an eligible
employee’s request for up to five days of bereavement leave from work following
the death of the employee’s family member. To be eligible for bereavement leave,
an employee must have been employed for at least 30 days before taking the leave.
Bereavement leave is also available to employees who work for the State of California
2
and for local governments.
For which family members can I take bereavement leave?
An employer is only required to permit the use of bereavement leave for the death of
certain family members. Covered employers must allow you to take bereavement leave
upon the death of your spouse, child, parent, sibling, grandparent, grandchild, domestic
partner, or parent-in-law. However, an employer may voluntarily allow bereavement
leave to be taken upon the death of another person with whom you have a relationship.
What if my employer already has a bereavement leave policy?
You must follow your employer’s existing bereavement leave policy. For example,
if your employer’s policy requires you to inform human resources that you are taking
bereavement leave, you must continue to do so under the new law. However, if the
employer’s policy does not grant at least five days of bereavement leave following the
death of a family member (as defined in question 2), you are still entitled to five days of
bereavement leave under the law.
1 Government Code secon 12945.7.
2 State employees who are eligible for bereavement leave under Government Code secon 19859.3 are not covered under the
new bereavement law. However, secon 19859.3 creates a bereavement leave entlement for state employees who are excluded
from collecve bargaining. For state employees who are covered under collecve bargaining agreements, those agreements must
include a bereavement leave entlement that is at least as protecve as the leave required under Government Code secon
12945.7.
CRD-E17P-ENG / March 2023
Bereavement Leave
4
Do I have to take my bereavement leave all at once?
CRD-E17P-ENG / March 2023
No, but you must complete your leave during the three months after the death of the
person for whom you are taking leave. For example, following the death of a parent,
you could take three days of leave immediately and then take two days o from work
two months later.
5
Does my employer have to let me return to work after bereavement
leave?
Yes. It is unlawful for your employer to discriminate or retaliate against you because
you requested or used bereavement leave. An employer is prohibited from terminating,
demoting, suspending, or taking other adverse actions toward you because you
requested or used bereavement leave. Employers also cannot take negative action
against you if you provide information or make a complaint to CRD about you or your
coworker’s request for bereavement leave.
6
Am I limited to taking bereavement leave for only one death per year?
No. You are entitled to take up to five days of bereavement leave upon the death of
each family member (as defined in question 2). For example, an employee who loses a
parent, child, and grandparent within the same year can take three five-day periods of
bereavement leave during that year.
7
If I take bereavement leave, will that reduce the amount of time that I
can take for other types of protected leave from work?
No. Bereavement leave is separate from, and in addition to, your right to take other
types of protected leave from work. In addition to bereavement leave, eligible California
employees are entitled to up to 12 weeks of leave from work to care for their own
serious heath condition, a family member with a serious health condition, or to bond
with a new child (commonly known as California Family Rights Act Leave or CFRA
Leave). Additionally, eligible California employees are entitled to up to four months of
leave when they are disabled by pregnancy, childbirth, or a related medical condition
(commonly known as Pregnancy Disability Leave). For more information about these
types of leave, visit: https://calcivilrights.ca.gov/family-medical-pregnancy-leave.
8
Does my employer have to pay me during bereavement leave?
Not unless you use other paid leave available.
Although covered employers are required
to grant up to five days of bereavement leave, the law does not require that employers pay
you for this leave time. However, many employers have paid bereavement leave policies, so
be sure to check with your employer about any existing policy that they may have in place.
Also, if your employer does not provide paid bereavement leave but you have available sick
leave, vacation, personal leave, or other types of paid leave, your employer is required to
allow you to use that leave so you can receive pay during your bereavement leave.
9
Do I have to provide my employer any documentation in order to take
bereavement leave?
Yes, if requested.
If your employer requests documentation of the death, you are required
to provide it. However, you are not required to provide such documentation before you begin
your leave. Instead, you must provide this documentation within 30 days of the first day
of your bereavement leave. This documentation may be in the form of a death certificate,
obituary, or written verification of death, burial, or memorial service from a mortuary, funeral
home, burial society, crematorium, religious institution, or government agency.
Your employer must keep this documentation confidential and not disclose it except as
necessary to internal personnel or counsel, or if required by law.
/ /
10
I am in a union and under a collective bargaining agreement – am I
entitled to bereavement leave?
Yes. Collective bargaining agreements must provide for at least five days of unpaid,
job-protected bereavement leave.
11
I think my right to bereavement leave was violated. What do I do?
File a complaint with CRD. If you have been denied bereavement leave, or if you have
been subjected to discrimination, harassment, or retaliation at work for requesting or using
bereavement leave, you may file a complaint with CRD (see “To File a Complaint,” below).
The right to take bereavement leave is subject to CRD’s small employer family leave
mediation program. This program gives small employers (of 5 to 19 employees) and
their current or former employees the right to mediate certain disputes, including disputes
regarding bereavement leave, through CRD’s Dispute Resolution Division. For more
information, you can review CRD’s fact sheet on the small employer family leave
mediation program.
If you think you have been a victim of discrimination, please contact CRD.
TO FILE A COMPLAINT
Civil Rights Department
calcivilrights.ca.gov Toll Free: 800.884.1684 TTY: 800.700.2320
Have a disability that requires a reasonable accommodation?
CRD can assist you with your complaint.
For translations of this guidance, visit: calcivilrights.ca.gov/posters/employment
This guidance is for informational purposes only, does not establish
substantive policy or rights, and does not constitute legal advice.
Bereavement Leave
CRD-E17P-ENG / March 2023
