Introduction
Losing a loved one is one of the most challenging experiences in life. During this difficult time, employees often need time off to grieve, arrange funeral services, and manage personal affairs. This is where bereavement leave in California becomes essential. Bereavement leave refers to the time off granted to employees when a close family member passes away. While some states have no legal requirements for bereavement leave, California has established laws to ensure employees receive time to mourn without fear of losing their job.
Understanding your rights when it comes to bereavement leave in California is crucial, as laws continue to evolve. In 2025, updated labor regulations have clarified how bereavement leave works, who qualifies, and what employers must provide. Knowing these details helps employees make informed decisions about their time off and ensures that employers follow legal guidelines.
This article provides an in-depth look at the latest regulations, eligibility criteria, and employer responsibilities for bereavement leave in California in 2025. Whether you’re an employee seeking information on your rights or an employer ensuring compliance with the law, this guide will answer all your questions.
California Bereavement Leave Laws (2025 Update)
In recent years, California has made significant progress in employee rights, particularly when it comes to bereavement leave. As of 2025, bereavement leave in California is legally protected for many employees under the California Family Rights Act (CFRA). Employers with at least five employees are now required to provide up to five days of bereavement leave following the death of an immediate family member.
Who is Eligible?
Employees who have worked for their employer for at least 30 days are eligible for bereavement leave in California. This law applies to full-time, part-time, and even temporary workers in certain situations. The leave must be taken within three months of the family member’s passing, and the days do not have to be consecutive.
Paid vs. Unpaid Leave
One of the most common questions regarding bereavement leave in California is whether it is paid or unpaid. The law does not require employers to pay for bereavement leave unless the company’s policies or a collective bargaining agreement state otherwise. Some employers allow employees to use vacation days, sick leave, or personal time off (PTO) to ensure they are compensated during their bereavement leave.
How to Request Bereavement Leave in California
Requesting bereavement leave in California involves following specific procedures set by an employer. Generally, employees must notify their employer as soon as possible and provide documentation if required.
Documentation Requirements
Employers may ask for proof of the death, such as a death certificate, obituary, or funeral program. While some businesses are lenient with documentation, others may require official records to process the leave request.
Notice Period
Employees should inform their employer about their need for bereavement leave California as soon as they learn of their loved one’s passing. Some companies have specific policies on how much notice is required, but generally, providing notice within a reasonable time frame is sufficient.
Employer’s Right to Deny Leave
Employers must comply with California’s bereavement leave law if they have five or more employees. However, small businesses with fewer than five employees are not legally required to provide bereavement leave. In these cases, employees may need to negotiate unpaid leave or use their PTO.
Federal vs. California Bereavement Leave Laws
While California has specific laws regarding bereavement leave, the federal government does not require private employers to offer time off for mourning. This creates significant differences between state and federal policies.
Key Differences
Under federal law, the Family and Medical Leave Act (FMLA) provides leave for serious health conditions and family care but does not cover bereavement. This means employees outside of California may not have guaranteed bereavement leave unless their employer voluntarily offers it. However, in California, bereavement leave in California is now legally protected for many workers.
Additional Protections
Some employers in California offer more generous bereavement policies, including extended leave periods, paid leave, or additional support services. Employees should check their company policies and negotiate additional leave if needed.
Employer Responsibilities and Employee Rights
California law requires employers to uphold their obligations when providing bereavement leave in California. Employers must ensure that eligible employees receive the time off they are entitled to and must not retaliate against employees for taking bereavement leave.
Legal Protections for Employees
Employees have the right to take bereavement leave without facing discrimination or termination. If an employer denies a valid request for bereavement leave, the employee can file a complaint with the California Department of Fair Employment and Housing (DFEH).
Union and Contract Considerations
For employees covered under a collective bargaining agreement, additional protections may be available. Unions often negotiate better bereavement leave policies, ensuring employees receive paid time off and extended leave options.
Additional Support for Employees Experiencing Loss
Many employees struggle to return to work immediately after a loss. Fortunately, various support systems exist to help individuals cope.
Mental Health and Counseling Services
Employers often provide Employee Assistance Programs (EAPs) that offer free counseling and grief support services. These programs can be invaluable in helping employees navigate their emotions after losing a loved one.
Alternative Leave Options
If the standard bereavement leave is not enough, employees may use additional time off options such as PTO, sick leave, or unpaid leave. Some employers may also offer flexible work arrangements, such as remote work or reduced hours, to support grieving employees.
What Happens if an Employer Violates Bereavement Leave Laws?
If an employer refuses to grant bereavement leave in California to an eligible employee, legal action may be necessary.
Filing a Complaint
Employees can file a complaint with the California Department of Industrial Relations or the DFEH. These agencies investigate violations and ensure employers comply with labor laws.
Legal Recourse
If an employee faces retaliation for requesting bereavement leave, they may sue their employer for damages, including lost wages and emotional distress. California courts have ruled in favor of employees in several bereavement leave disputes, emphasizing the importance of compliance.
Conclusion
Bereavement leave in California provides employees with the necessary time to grieve and manage funeral arrangements without fear of job loss. With the 2025 updates, more employees are protected under state law, ensuring they receive at least five days of bereavement leave.
Understanding how bereavement leave works, how to request it, and what protections exist is crucial for employees and employers alike. As workplace policies evolve, staying informed about your rights ensures that you receive the time and support you need during difficult times.
