Beginning January 1, 2023, California employers with more than five employees will be required to grant up to five days of bereavement leave to eligible employees. Bereavement leave, which is provided under AB 1949, is separate from and in addition to the 12 weeks of leave granted by the California Family Rights Act.

• Employees are eligible for bereavement leave if they have been employed for at least 30 days prior to commencement of leave.
• Bereavement leave may be used following the death of a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law.
• There does not appear to be any limit to the amount of bereavement leave for which an employee can qualify within a given time period; rather, leave availability is triggered by circumstances (i.e., death of a qualifying family member).
• Bereavement leave may be taken intermittently, but must be completed within three months of the qualifying family member’s date of death.
• Employers may request documentation (e.g., death certificate, obituary, written verification of memorial services) of the need for bereavement leave. If requested, documentation must be provided within 30 days of the first date of leave. Employers must protect the confidentiality of employees who use bereavement leave, including keeping documentation confidential and only disclosing as required by law.
• Employers may not penalize, discriminate against, or take any action against an employee who requests/uses bereavement leave. It is also unlawful for employers to restrict, or attempt to restrict, an employee’s right to access bereavement leave.
• Whether bereavement leave is paid or unpaid depends on a combination of several factors:
  • If an employer does not have an existing bereavement leave policy, the five days of leave may be unpaid, although employees may use other accrued paid leave in order to receive pay for their bereavement days.
  • If an employer has an existing leave policy that provides for paid bereavement leave, but the number of days provided is fewer than five, employees must be paid for the number of days specified in the existing policy and may take additional unpaid time up to a cumulative total of five days (paid and unpaid combined). Again, employees may use other accrued paid leave in order to receive pay for the bereavement time that would otherwise be unpaid.
• Employees who are covered by a collective bargaining agreement may not be covered by AB 1949 if the CBA provides equivalent bereavement leave and meets other specified requirements.