CA AB 1949 Bereavement Leave: Eligibility, Five Days, and Pay

California’s AB 1949 bereavement leave law gives most employees the right to take up to five days off after the death of a close family member, with their job protected while they are out. The right took effect January 1, 2023, and lives in Government Code Section 12945.7 as part of the Fair Employment and Housing Act, so a violation is treated like any other FEHA discrimination claim.¹

Who Qualifies for the Leave

The law reaches every private employer with five or more workers and all public employers, including the state, cities, and counties.¹ If your workplace has fewer than five employees on the private side, this specific law does not apply.

You need at least 30 days on the payroll with your current employer before the leave begins.² Full-time and part-time workers are treated the same. Hours per week don’t matter.

Which Family Deaths Are Covered

You can take leave after the death of a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law.¹ “Child” and “parent” follow CFRA’s broad definitions and include biological, adopted, foster, and stepchildren, along with stepparents and legal guardians.

The list stops there. Aunts, uncles, cousins, nieces, nephews, and close friends are not covered, regardless of how significant the relationship was to you.

How the Five Days Work

Each qualifying death triggers its own five-day entitlement. This is not an annual cap. The Civil Rights Department’s guidance uses a direct example: an employee who loses a parent, child, and grandparent in the same year is entitled to three separate five-day leaves.²

The days don’t have to run back-to-back. You might take three days right after the death and hold two for a later memorial or to handle estate matters. All five days must be used within three months of the date of death.¹

Is Bereavement Leave Paid?

AB 1949 does not require employers to pay you during the leave. Pay depends on your employer’s existing policy.¹ Three common scenarios cover most workplaces:

If your employer already offers five or more paid bereavement days, that policy runs the show and you get paid under its terms.
If the policy pays fewer than five days, you get paid for the days it covers and can fill in the rest using accrued time off to reach the full five.
If there is no bereavement policy at all, the five days may be unpaid, but you can substitute available vacation, personal leave, accrued sick leave, or compensatory time so you still receive a paycheck.²

An employer cannot force the time to be unpaid while you have unused paid leave on the books.

What Your Employer Can Ask For

Your employer can request documentation of the death, but only within 30 days of your first day of leave.¹ Once asked, you have a reasonable amount of time to provide it. Acceptable forms include a copy of the death certificate, a published obituary in print or online, a written verification from a funeral home or crematorium, or a service notice from a religious institution or government agency.

Whatever you turn in has to be kept confidential. The CRD’s guidance says the employer cannot share bereavement documentation beyond internal personnel or legal counsel who need it, or where the law requires disclosure.² A manager passing the details around the office is not permitted.

If You Are Covered by a Union Contract

Employees under a collective bargaining agreement may be governed by the contract rather than the statute, but only if the agreement satisfies every one of four conditions:¹

It provides bereavement leave at least as generous as five days.
It addresses wages, hours, and working conditions.
It applies premium pay to all overtime hours.
It sets a regular hourly rate at least 30 percent above the state minimum wage.

If the contract falls short on any one of these, the standard AB 1949 protections apply. Union members should check the specific language of their agreement rather than assume the statute has been replaced.

Retaliation Protection and Filing a Complaint

An employer cannot fire, demote, suspend, or otherwise punish you for asking for or taking bereavement leave.¹ The same protection applies if you give information or testimony about your own or a coworker’s leave in an investigation or proceeding.²

If your leave is denied or you are punished for taking it, you can file a complaint with the California Civil Rights Department. You have three years from the date of the violation to start the process by submitting an intake form.³ A CRD representative will interview you and decide whether the complaint falls within the agency’s jurisdiction. For workplaces with 5 to 19 employees, disputes may first go through CRD’s small employer family leave mediation program before a formal investigation.²

You can also skip the CRD investigation and request an immediate right-to-sue notice, which lets you take your employer directly to court.⁴ Once the notice is issued, you have one year to file suit. Because this is a FEHA claim, the available remedies include back pay, emotional distress damages, punitive damages, reinstatement, and attorney’s fees.⁵

1
California Legislative Information. California Government Code 12945.7
2
Civil Rights Department. Bereavement Leave AB-1949 FAQ
3
California Civil Rights Department. Complaint Process
4
Legal Information Institute. California Code of Regulations Title 2 10005 – Obtaining a Right-to-Sue Notice
5
California Civil Rights Department. Employment Remedies