California requires private employers with five or more employees, and all public employers, to provide up to five days of bereavement leave upon the death of a family member.1
Specifically, employees may take bereavement leave for up to five days upon the death of a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law as those terms are defined under the California Family Rights Act.
If an employer has an existing bereavement leave policy, the law requires employers to provide leave according to their policy; however, if the employer policy provides less than five days of leave, then employers must provide additional bereavement leave so that employees have no less than five days of bereavement leave.2
To be eligible for bereavement leave, the employee must be employed by the employer for at least 30 days prior to starting the leave. The days of bereavement leave don't need to be consecutive. The leave must be completed within three months of the date of death of the family member.3
There is no annual cap on bereavement leave. Employees are entitled to use bereavement leave any time they experience the death of a family member, as specified above.
The law prohibits discrimination, interference, or retaliation relating to an individual's exercise of rights to bereavement leave.
California's bereavement leave law doesn't apply to employees covered by a valid collective bargaining agreement if the agreement expressly provides for:
Bereavement leave may be unpaid. However, while on bereavement leave, employees are entitled to use vacation, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available to them.
Employers can require documentation to support the leave, which may include a death certificate; a published obituary; or a verification of death, burial or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution or government agency. Employers must request such documentation within 30 days of the first day of leave. 5
Employers must maintain the confidentiality of any employee requesting leave under the law. Any documentation provided to the employer must be kept confidential and shouldn't be disclosed except to internal personnel, legal counsel, or as required by law.6
1. Govt. Code sec. 12945.7
2. Govt. Code sec. 12945.7
3. Govt. Code sec. 12945.7(d)
4. Govt. Code sec. 12945.7(e)
5. Govt. Code sec. 12945.7(f)
6. Govt. Code sec. 12945.7(i)