California Bereavement Leave: AB 1949 Employee Rights Guide (2026)

Quick Answer: California's AB 1949 requires employers with 5 or more employees to provide up to 5 days of bereavement leave when a family member dies. The leave must be taken within 3 months of the death and doesn't need to be consecutive days. Your employer cannot retaliate against you for taking bereavement leave.

California Bereavement Leave Law Overview

What AB 1949 Requires

Effective January 1, 2023, California law mandates:

• Up to 5 days of bereavement leave per death
• Leave must be completed within 3 months of death
• Days do not need to be consecutive
• Job protection for taking leave

Who Is Covered

Employers: Companies with 5 or more employees

Employees: Those who have worked at least 30 days for the employer before the leave request

Covered Family Members

Qualifying Relationships

You're entitled to bereavement leave for the death of:

Not Covered

The law specifically covers only these relationships. Other relatives (aunts, uncles, cousins, etc.) are not covered unless your employer's policy is more generous.

How Bereavement Leave Works

Duration

• Up to 5 days per qualifying death
• Days do not need to be consecutive
• Can be spread across 3 months after the death

Examples

Example 1: Funeral Travel Your mother passes away in another state. You take:

• Day 1-2: Travel and funeral services
• Day 3: Return travel
• Days 4-5: Later, for estate matters

Example 2: Spread Out Leave Your father passes. You take:

• Day 1: Day of death
• Day 2: Funeral one week later
• Days 3-5: Three months later for memorial service and grief

Pay During Leave

AB 1949 does not require paid bereavement leave. However:

• You can use accrued vacation or PTO
• You can use accrued sick leave
• Employer may have paid bereavement policy
• If employer has no policy, leave may be unpaid

Multiple Deaths

If multiple family members die, you're entitled to 5 days for each qualifying death.

Example: Both grandparents pass within a month. You're entitled to 10 total days (5 per death).

Requesting Bereavement Leave

Notice Requirements

Provide notice to your employer as soon as practicable (reasonably possible given circumstances).

Best practices:

• Notify as soon as you learn of the death
• Put request in writing (email is fine)
• Specify dates you need off
• Indicate relationship to deceased

Sample Request

"I am requesting bereavement leave due to the death of my [relationship], [name], who passed away on [date]. I plan to take leave on [dates] for funeral services. I will use [sick leave/vacation/unpaid leave] for these days. Please let me know if you need any additional information."

Documentation

Your employer may request documentation:

• Death certificate
• Obituary or published notice
• Memorial service program
• Written statement from funeral home

Employer cannot require you to provide documentation before taking leave—only upon return.

Job Protection

Your Rights

During and after bereavement leave:

• Your job is protected
• You cannot be fired for taking leave
• You cannot be demoted or disciplined
• Your employer cannot reduce your hours
• You must be returned to same position

Retaliation Is Illegal

If your employer punishes you for taking bereavement leave:

• Document the retaliation
• File complaint with Civil Rights Department (CRD)
• Consult employment attorney
• See Workplace Retaliation

Bereavement Leave vs. Other Leave

Using Multiple Leave Types

You may be able to combine bereavement leave with other leave:

CFRA for End-of-Life Care

If a family member is terminally ill, you may use CFRA leave (up to 12 weeks) to care for them before death, then bereavement leave (5 days) afterward.

Employer Obligations

What Employers Must Do

• Grant up to 5 days bereavement leave
• Allow leave within 3 months of death
• Not require consecutive days
• Protect your job during leave
• Not retaliate for taking leave

What Employers Can Do

• Request (not require) advance notice
• Request documentation after leave
• Require use of accrued paid leave (check policy)
• Set reasonable documentation requirements

What Employers Cannot Do

• Deny leave for covered family member deaths
• Require you to find your own coverage
• Discipline you for taking leave
• Terminate you for taking leave
• Refuse to reinstate you after leave

If Bereavement Leave Is Denied

Step 1: Get It in Writing

If denied verbally, send email:

"This confirms our conversation where you denied my bereavement leave request for the death of my [relationship]. Please explain the reason for denial in writing."

Step 2: Cite the Law

Remind employer of AB 1949 requirements:

"California Labor Code Section 2066 requires employers with 5+ employees to provide up to 5 days of bereavement leave. I have been employed here for [time] and qualify for this leave."

Step 3: File a Complaint

If still denied:

• File with CRD: calcivilrights.ca.gov | 1-800-884-1684
• Deadline: 3 years
• Remedies: Reinstatement, back pay, damages

Step 4: Consult an Attorney

If you've been denied leave or retaliated against, an employment attorney can help.

Frequently Asked Questions

Is bereavement leave paid in California?

Not required by law. However, you can use accrued sick leave or vacation, and some employers offer paid bereavement as a benefit.

Can I take bereavement leave for a miscarriage?

It depends. If the pregnancy resulted in death (stillbirth), it may qualify. Additionally, you may be entitled to pregnancy disability leave or sick leave. Consult an attorney for your specific situation.

What if my employer has fewer than 5 employees?

AB 1949 doesn't cover employers with fewer than 5 employees. However, some cities have local ordinances, and your employer may voluntarily provide leave.

Can my employer require me to provide documentation before I leave?

No. Employers can request documentation, but cannot require it before you take leave. They can require documentation when you return.

What if I need more than 5 days?

AB 1949 provides 5 days. You can:

• Use accrued vacation or sick leave
• Request additional unpaid leave
• Use CFRA if a qualifying condition exists
• Check if employer's policy provides more time

Does bereavement leave affect CFRA eligibility?

No. Bereavement leave is separate from CFRA. Taking bereavement leave doesn't reduce your CFRA entitlement.

Employer Bereavement Policies

Many Employers Offer More

While the law requires 5 days, many employers provide:

• Paid bereavement leave (3-5 days common)
• Additional days for immediate family
• More days for travel to distant funerals
• Extended leave for close family members

Check Your Handbook

Review your employee handbook for:

• Paid vs. unpaid bereavement
• Additional days beyond law
• Covered relationships (may be broader)
• Request procedures
• Documentation requirements

Related Topics

• Leave Laws Hub
• Paid Sick Leave
• CFRA vs FMLA
• Workplace Retaliation
• Retaliation for Taking Medical Leave

Legal Disclaimer

This article provides general information about California bereavement leave law and is not legal advice. For advice about your specific situation, consult a licensed California employment attorney.

Legal Authority:

• Labor Code §§ 2066-2068 (AB 1949)
• Effective January 1, 2023