Losing someone near and dear to you is one of the most painful experiences a person can go through. In the midst of grief, work is often one of the first pressures people think about, like when to return, what to say, and whether taking time off will affect their job. California law offers bereavement leave to help people cope with the loss of a loved one, but the specifics are not always clear. Knowing what you are entitled to can help reduce some uncertainty during an already difficult time in your life.
What Is Bereavement Leave and What Should You Know Before You Need It?
Bereavement leave is granted time away from work following the death of a family member. It gives people the space they need to attend memorial services, handle funeral arrangements, and ultimately process and grieve the loss of a loved one.
Most individuals do not think about their company’s bereavement leave policy until they are faced with an unexpected passing. In California, knowing your rights before the unthinkable happens means fewer things to navigate during what is already an unbearable time.
A bereavement leave policy will mention:
- Who qualifies as a covered family member
- How many days of paid or unpaid leave are available
- Whether new hires are eligible for leave
- The type of documentation your employer may require
Which Relationships Qualify for Bereavement Leave?
One of the most common confusions surrounding bereavement leave stems from which relationships actually qualify. Under California’s bereavement law (AB 1949), the death of an immediate family member qualifies an employee for protected leave. This includes:
- Spouse
- Domestic partner
- Mother or father
- Child
- Sibling (full, half, or step-siblings)
- Grandparent
- Grandchild
The state also recognizes in loco parentis relationships, where an individual has acted in the role of a parent without a biological or legal connection. This reflects a more extensive approach to defining family relationships under California’s bereavement leave law. Furthermore, some employers may choose to extend leave to individuals in committed relationships or chosen family members through their internal policies even when not required by law.
What California Law Says About Your Right to Time Off
Saying goodbye to someone close is never easy, and the time that follows can be difficult to navigate. California law recognizes this and gives employees the right to step away from work after the death of a family member, allowing them to have space to grieve and handle personal matters.
Under AB 1949, any employer with five or more employees is required to provide bereavement leave for up to five days following the loss of a loved one. The leave does not need to be taken consecutively. It can be spread across a week or in a way that best supports your needs.
Eligible employees must have worked for the organization for at least 30 days. While the law does not require this to be a paid leave, many organizations may allow you to use accrued vacation or sick time so you can continue receiving income while you are away. Keep in mind that this is a job-protected leave and you should not have to worry about your position while you are in the process of grieving.
How Much Time Are You Actually Given to Grieve?
AB 1949 sets the limit at five days of unpaid bereavement leave following the death of a family member. Employees must complete this leave within three months after their loved one’s passing. The time off does not have to be taken all at once. For example, an employee could take three days off immediately after and use the remaining two days at another time within that three-month period. Some California employers may voluntarily provide a full week or more under their internal policies.
Five days, however, is rarely enough time to manage the realities of loss. Between making arrangements, handling estate matters, attending services, and processing the emotional impact, many people find themselves still trying to catch up long after the leave has ended.
California employees can extend their time by using accrued sick leave, vacation days, or personal time off (PTO) in addition to their bereavement entitlement. It is worth reaching out to your manager or human resources (HR) department to learn what options are available before you submit a formal request.
Does Bereavement Leave Apply to Remote Workers, Part-Time Employees, and Independent Contractors?
Eligibility for bereavement leave can look different depending on how you work. Your classification, schedule, and the relationship you have with your employer will all determine whether you are entitled to time off and what protections may apply. With more workplaces shifting toward flexible arrangements, questions around who qualifies may become more common.
Remote Workers
If you work remotely in California, you are generally covered. On the other hand, if you live outside of the state, coverage will vary based on your work location and employment arrangement. In most cases, where you physically have your work done is what will determine which laws will be applicable.
Part-Time Employees
Part-time employees may qualify for bereavement leave as long as they meet the basic eligibility requirements, like working for the same employer for at least 30 days. If eligible, they are entitled to up to five days of job-protected leave, similar to full-time employees. Whether that leave is paid will depend on the employer’s policy. However, employees may have the option to use accrued paid leave to cover their time away.
Independent Contractors
Independent contractors are generally not covered since bereavement leave laws only apply to employees. Any time off will depend on the terms of your contract or agreement with the business. However, California enforces strict worker classification rules under AB 5. If your role acts more like that of an employee than an independent contractor, it may be worth taking a deeper look into whether you have been correctly classified.
Is Bereavement Leave Restricted to a Single Occurrence Each Year?
Bereavement leave in California is not limited to a single occurrence per year. If you experience more than one loss within a 12-month period, you may be entitled to take up to five days of leave for each family member’s passing so long as each instance is taken within three months of the death. The law recognizes the emotional impact of multiple losses, giving employees time to step away from work and cope with each one in their own way and at their own pace.
Will You Still Get Paid While You Are on Bereavement Leave?
AB 1949 provides unpaid bereavement leave as the legal baseline, meaning that the law will protect your job and prohibit retaliation. But, it does not require your employer to pay you during that time. If your employer, however, does already have a paid bereavement leave policy set in place, those paid leave terms will be applicable.
Many employers, specifically larger ones, do offer paid time off for bereavement as part of their benefits package. As previously stated, if your employer does not offer paid bereavement leave, you can use accrued sick leave, vacation time, and other available paid time to cover your hours away.
For many, losing a loved one comes with emotional and financial strain. Knowing what is covered, and what may need to be supplemented with other leave, can help you plan ahead without having to endure added stress to what is already a difficult time.
How Do You Talk to Your Employer About Leave During an Already Difficult Time?
Requesting bereavement leave is never an easy conversation, especially since it happens when you are already in the midst of grief. Most California employers will ask that you notify your HR or your direct manager as soon as reasonably possible after the passing of a loved one. You do not need to go into heavy detail. Just a message acknowledging the loss, your relationship to the person, and the time you expect to be away is typically enough to start the process.
When you are ready to request leave, your company may ask you to submit a form through an internal HR software system. However, not all employers will use approaches like this or require written submissions. Some workplaces may only need you to let your manager know about your leave directly by email or phone call. The exact process will vary depending on the company’s structure and bereavement leave policy.
In terms of requesting reasonable documentation, this is often done to verify the loss of a loved one, such as a death certificate, obituary, or memorial program. Any information you share will remain confidential by the company. Since requirements will vary, it is a good idea to look into your employer’s policy, or to check with HR if you are uncertain of what is needed. You are not required to share more than what is necessary. A short and clear message is enough to communicate your needs during such a difficult time in your life.
What Happens When the Leave Ends But the Grief Has Not?
One of the most challenging and least talked about parts of bereavement leave is going back to work while grief is still very much present. The leave itself may have an end date, but the emotional impact of the event does not stop there.
Grief does not have its own set timeline and it hardly ever resolves within five days, or even a week. For most people, the hardest part comes later, when the initial shock starts to fade away and the weight of the loss gets more real. Adjusting your schedule as you head back to work while trying to deal with that reality can be overwhelming.
Tips on Managing Your Grief at Work
When you return, you can reach out to your manager to ask for changes that could help make the transition process easier. This can include modified schedules, flexibility with attendance, or a gradual return to your job-related responsibilities. These approaches can help provide a sense of stability and security during a time that may feel uncertain.
Many businesses also offer benefits that extend beyond leave itself, such as Employee Assistance Programs (EAPs), which may provide counseling or other forms of support. Since not all employers offer these types of programs, you can check with your HR department to learn what resources may be available to help you get through this difficult time.
And if your grief starts to take over as you try to perform day-to-day activities, you do not have to handle it all on your own. Speaking with a healthcare provider can help determine whether additional leave is appropriate. You do not have to go through this alone. Giving yourself the time to explore your options and reach out for professional support can make a major difference in how you move forward.
What Can You Do If Your Bereavement Leave Request Gets Denied?
In California, a denial of lawful bereavement leave is not just unfair, it may be illegal. You should start by asking management or HR for a written explanation as the denial could be connected to other eligibility requirements.
For instance, California law requires employees to have worked for the company for at least 30 days, meaning some new hires may not be eligible yet. The issue could also stem from how the relationship is defined under the employer’s bereavement leave policy, or whether the individual qualifies as a covered family member under law.
Whatever the reason may be, it is recommended to bring the issue internally to HR or a supervisor to create an official record of your request and the employer’s response to it. If you believe your employer denied leave that you were legally entitled to, you may be able to pursue legal action, even more so if an employer has retaliated against you for requesting or taking protected leave, or for even filing a complaint.
Speaking to an employment attorney can help you determine whether your rights were violated and what legal remedies may be available to pursue.
Denied Bereavement Leave? West Coast Employment Lawyers Is Here for You
Grieving the loss of someone close to you is deeply personal, and being denied the time to cope and process a loved one’s passing can make an already painful experience feel even heavier. If your employer denied your bereavement leave or pressured you to come back to work before you were ready, you may have legal options available to pursue.
California law protects eligible employees, and violations may result in serious consequences for employers who fail to comply. At West Coast Employment Lawyers, our team is prepared to assess your situation, determine whether your rights were violated, navigate your options with care and understanding, and help you seek appropriate remedies.
To set up a FREE consultation, we welcome you to reach out by calling (213) 927-3700 or filling out our convenient online contact form.
