Yes, you can use sick leave for bereavement in California. Government Code Section 12945.7 gives you up to five days of bereavement leave when a qualifying family member dies, and the statute specifically lets you apply your accrued paid sick leave — along with vacation, personal leave, or comp time — so those days aren’t unpaid. The choice to use that leave belongs to you, not your employer.
How the Sick Leave Substitution Works
The bereavement leave law does not require your employer to pay you for the five days on its own. What it does is give you the right to draw on leave you’ve already earned. Under subdivision (e) of Section 12945.7, if your employer has no separate bereavement policy, the five days may be unpaid, but you can choose to use accrued sick leave, vacation, personal leave, or compensatory time off to receive pay during the absence.1California Legislative Information. California Government Code 12945.7 – Bereavement Leave
In practice: if you have five days of sick leave banked, you can apply all five to your bereavement absence and collect your regular pay for each day. If you only have two days saved, use those two and take the other three unpaid — or fill the gap with vacation. Your employer cannot block you from using leave you’ve already accrued.
If Your Employer Already Offers Paid Bereavement
Where your employer has its own paid bereavement policy, you follow that policy first. If it already provides five or more paid days, you don’t need to touch your sick leave at all. The statute only kicks in when the policy falls short. If the employer gives you fewer than five paid bereavement days, you’re entitled to make up the difference using sick leave, vacation, or other accrued time.1California Legislative Information. California Government Code 12945.7 – Bereavement Leave
How Much Sick Leave You Probably Have Available
Whether your balance actually covers five days depends on your tenure and your employer’s policy. California requires employers to provide at least five days (40 hours) of paid sick leave per year, accruing at a minimum of one hour for every 30 hours worked. Employers can cap your total accrued balance at 80 hours, or 10 days.2Department of Industrial Relations. California Paid Sick Leave: Frequently Asked Questions
If you’ve been at the job a year and haven’t used sick time, you likely have enough to cover the full bereavement period. If you recently used sick leave or started within the last few months, your balance may be thin. Employers can also limit your annual use to 40 hours, so even a larger banked balance may not let you draw more than five days in one year.2Department of Industrial Relations. California Paid Sick Leave: Frequently Asked Questions Check your pay stub or HR portal — California employers must show your available sick leave balance on your wage statement or a separate document each pay period.
Who the Bereavement Law Covers
Two conditions decide whether Section 12945.7 applies to you. Your employer must have at least five employees, which includes state and local government employers. And you must have worked there for at least 30 days before the leave starts.1California Legislative Information. California Government Code 12945.7 – Bereavement Leave Part-time and temporary employees who meet both criteria have the same rights as full-time staff.
The qualifying family relationships are:
- Spouse or domestic partner
- Child
- Parent or parent-in-law
- Sibling
- Grandparent
- Grandchild
You don’t have to take the five days consecutively. They can be spread across up to three months from the date of death, so you can attend a funeral now and return later for a memorial or estate matters.3California Legislative Information. California Code GOV 12945.7 – Bereavement Leave
Documentation Your Employer Can Ask For
Your employer can request proof of the death, but only within 30 days after your first day of leave — not before you take the time off. Acceptable documentation includes a death certificate, a published obituary, or written verification of the death, burial, or memorial service from a mortuary, funeral home, crematorium, religious institution, or government agency.
Whatever you turn in, your employer has to keep it confidential. The statute limits disclosure to internal personnel or legal counsel on a need-to-know basis, or when required by law.3California Legislative Information. California Code GOV 12945.7 – Bereavement Leave Your coworkers have no right to the details.
If Your Employer Won’t Let You Use Sick Leave for Bereavement
California law makes it illegal for your employer to fire, demote, suspend, fine, or otherwise punish you for taking bereavement leave, and it bars employers from interfering with or denying the leave in the first place.1California Legislative Information. California Government Code 12945.7 – Bereavement Leave An employer who quietly marks the absence as unexcused, factors it into a performance review, or refuses to let you apply accrued sick leave to those days is violating the statute.
If that happens, you can file a complaint with the California Civil Rights Department. The process starts with an online intake form describing what happened, any supporting documents, and the names of witnesses. You have three years from the date of the violation to file, and a CRD representative will evaluate your allegations to decide whether to open a formal investigation.4Civil Rights Department. Complaint Process