Bereavement Leave in California: Your Rights and How to Request It
Losing a loved one is hard. California law recognizes this by giving most employees the right to take bereavement leave. Here’s what workers should know about eligibility, timing, documentation, and protections.
What Is Bereavement Leave?
Bereavement leave is time off to grieve and handle related matters (funeral arrangements, services, estate tasks) after the death of a family member.
How Much Time Can You Take?
- Many California employees are entitled to up to five (5) days of bereavement leave per qualifying death, to be taken within a reasonable time.
- Employers may require the days to be used consecutively or within a set window under policy, but the total entitlement cannot be reduced.
- Some employers provide paid bereavement leave; others provide unpaid leave but allow you to use accrued PTO/sick time to remain paid.
Who Counts as a Covered Family Member?
Policies typically include a spouse or domestic partner, child, parent, sibling, grandparent, grandchild, or parent-in-law. Some policies are more expansive. Always check your employee handbook or HR policy.
Documentation Employers May Request
Employers may ask for reasonable documentation, such as a death certificate, obituary, or memorial program. They should give a reasonable timeframe to provide it and must protect your privacy.
Job Protection and Anti-Retaliation
You should not be disciplined, demoted, or terminated for properly requesting or taking protected bereavement leave consistent with company policy and applicable law. If you experience pushback, document it and seek guidance.
How to Request Bereavement Leave (Step-by-Step)
- Notify HR or your manager in writing as soon as practical; include the relationship and expected dates.
- Ask about pay status (paid vs. unpaid) and whether you can use PTO/sick to remain paid.
- Provide documentation if requested (and available).
- Confirm your return-to-work date and any needed extensions or schedule flexibility.
If Your Request Is Denied
- Save everything: emails, messages, policy excerpts.
- Escalate to HR with the written policy and your documentation.
- If you face discipline or termination for taking bereavement time, consult a California employment attorney about remedies.
Bottom line: Most California employees can take time away to grieve a family loss. If you’re denied leave or fear retaliation, help is available.
