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Bereavement Leave in California

Five days, within three months of the death, for a defined list of family members. The days do not have to be consecutive, and they are not automatically paid.

General education for California employees—not legal advice. Your facts and deadlines control. This is not a Workplace Rights Advocacy case result. It explains the Civil Rights Department workplace notice in plain English. It is not the poster and it is not a complete statement of every exception.

The five days

Government Code § 12945.7 requires an employer of five or more people, and public employers, to grant a request for up to five days of bereavement leave after the death of a family member. The employee must have worked for that employer for at least 30 days. The days need not be consecutive. The leave must be completed within three months of the death.

A family member means a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. This leave is separate from CFRA. A designated person is not on today’s statutory list. A change that takes effect January 1, 2027, is discussed on the 2027 employment law page.

Pay, proof, and retaliation

If the employer already has a bereavement policy, the leave follows that policy. If the policy pays fewer than five days, the employee is still entitled to five days total, and the remainder may be unpaid. If there is no policy, the time may be unpaid. The employee may use vacation, personal leave, accrued sick leave, or compensatory time off.

If the employer asks, the employee provides documentation within 30 days of the first day of leave. A death certificate, a published obituary, or written verification from a mortuary, funeral home, religious institution, or government agency is enough. The employer must keep that information confidential. Refusing to hire, firing, or otherwise discriminating because someone took the leave or testified about it is unlawful. Some collective bargaining agreements with truly equivalent bereavement leave are outside this section.

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Common questions

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Do I have a case?

If you faced discrimination, harassment, retaliation, unpaid wages, wrongful termination, leave denial, or a refused disability accommodation, you may have claims. Whether your facts support a case depends on the evidence, deadlines, and applicable law—we evaluate that in consultation.

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Bring or upload what you have: a short timeline, pay stubs or time records, emails and texts, write-ups or reviews, medical or leave paperwork, and the names of witnesses or managers. See our documentation guide.

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