Bereavement Leave Rights
California employers are missing the bigger picture on bereavement leave. It’s not just about the days.
Your employer tells you that you can take time off when a family member dies. They make it sound generous. What they don’t tell you is that California law requires it.
Government Code § 12945.7 mandates that employers with 5 or more employees provide up to 5 days of bereavement leave. If you’ve been employed for at least 30 days, you’re entitled to this leave when a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law dies.
Here’s what California employers often get wrong:
**The leave is protected, not discretionary.** Your employer cannot deny your request. They cannot retaliate against you for taking it. They cannot fire you, demote you, or discriminate against you for using bereavement leave. It’s unlawful.
**The days don’t need to be consecutive.** You can take them intermittently over 3 months following the death. Need a day for the funeral, another for estate matters, and three more spread out over the next month? That’s your right.
**This is separate from CFRA leave.** Bereavement leave doesn’t count against your 12 weeks of California Family Rights Act leave. You get both.
**You can use accrued paid leave.** While the law doesn’t require paid bereavement leave (unless your employer’s policy provides it), California law requires your employer to allow you to use accrued vacation or sick time, during bereavement leave.
**Your employer can request documentation, but there are limits.** They can ask for a death certificate, obituary, or verification from a mortuary or religious institution. But they must keep this documentation confidential. And you have 30 days to provide it.
**You’re entitled to this leave for each qualifying family member’s death.** There’s no annual limit. If you experience multiple losses, you’re entitled to up to 5 days for each one.
California employers often frame bereavement leave as a generous benefit they’re providing. They’re not. It’s a legal requirement under California law. The law exists because employees should not have to choose between grieving a family member and keeping their job.
If your employer denied your bereavement leave request, retaliated against you for taking it, or made you feel you couldn’t take the time you’re entitled to, that’s a violation of California law.
Have you been denied bereavement leave or faced retaliation for taking it? Consult with an employment attorney about your rights.
#CaliforniaEmploymentLaw #EmployeeRights #BereavementLeave #WorkplaceRights
Please note that this article is for informational purposes only and should not be considered and is not legal advice, and does not constitute an attorney-client relationship. It is recommended to consult with an attorney directly for specific guidance pertaining to your business or individual situation.
This post shares general information based on common patterns I see in California workplaces. It is not legal advice, does not create an attorney-client relationship, and outcomes depend on specific facts — no lawyer can guarantee a result. Past results do not guarantee or predict future outcomes. AI may have been used to create this post. All content reviewed by a CA attorney before publication. This post may be attorney advertising.
Michael Trust Law, APC, 703 Pier Avenue, Ste. B367, Hermosa Beach, CA 90254: michaeltrustlaw.com