CA AB 1949 Bereavement Leave: Eligibility, Pay, and Documentation

California AB 1949 bereavement leave gives most workers in the state the right to take up to five days off after a family member dies, without losing their job. The law took effect January 1, 2023 and sits inside the Fair Employment and Housing Act as Government Code Section 12945.7, so violations are treated like other FEHA employment discrimination claims.¹

Who Qualifies for the Leave

Two things have to be true. Your employer must be covered, and you must have been there long enough.

Covered employers include every private business with five or more employees and all public employers, including the state, cities, and counties.¹ If you work for a private business with four or fewer employees, AB 1949 does not reach you.

On your end, you need at least 30 days of employment with that employer before the leave begins.² Part-time counts. The statute makes no hours threshold.

Which Family Members Count

The law covers the death of a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law.¹ “Child” and “parent” borrow their CFRA definitions, which include biological, adopted, foster, and stepchildren, along with stepparents and legal guardians.

Aunts, uncles, cousins, nieces, nephews, and friends are not on the list, no matter how close the relationship. If one of those deaths is what you are dealing with, AB 1949 does not apply, and you would need to look at your employer’s own policies or any available paid time off.

How the Five Days Work

You get up to five days each time a qualifying family member dies. This resets with each death. The CRD’s guidance uses this example directly: if you lose a parent, a child, and a grandparent in the same year, you are entitled to three separate five-day leaves.²

The days do not have to run back-to-back. You could take three immediately and the other two weeks later for a memorial. All five, though, must be used within three months of the date of death.¹

Bereavement leave is separate from CFRA and FMLA. Taking it does not eat into your 12-week balance under those laws.

Will You Be Paid

AB 1949 does not require pay. Whether you receive a check during the five days depends on your employer’s existing policy and your own accrued time off.¹

If your employer already offers five or more paid bereavement days, that policy controls and you are paid. If the policy covers fewer than five days, you are paid for those and can cover the rest with accrued time off. If there is no bereavement policy at all, the five days can be unpaid, but you have the right to substitute vacation, personal leave, accrued sick leave, or compensatory time so you still get paid.²

That last point matters. An employer cannot force you to go unpaid while you still have vacation or sick leave on the books.

What Documentation Your Employer Can Ask For

Your employer can request proof of the death. The request has to come within 30 days of your first day of leave, and you then have a reasonable time to provide it.¹ Acceptable documentation includes a copy of the death certificate, a published obituary (print or online), a written statement from a funeral home or crematorium, or a notice of services from a religious institution or government agency.

Whatever you turn in has to stay confidential. The CRD says employers can share it only with internal personnel, legal counsel, or when required by law.² A manager passing details to coworkers is not permitted.

If You Are Covered by a Union Contract

Collective bargaining agreements can displace the AB 1949 default, but only if the contract clears every one of these bars:¹

Bereavement leave at least as generous as five days.
Terms addressing wages, hours, and working conditions.
Premium pay rates for all overtime hours.
A regular hourly rate at least 30 percent above the state minimum wage. With California’s 2026 minimum wage at $16.90 per hour, that floor sits around $21.97 per hour.³

Miss any one of these and the standard AB 1949 rules apply. Union members should read the contract before assuming either way.

Retaliation Is Prohibited

Your employer cannot fire, demote, suspend, or otherwise punish you for requesting or taking bereavement leave.¹ The same protection covers anyone who gives information or testimony about their own leave or a coworker’s leave in an investigation or proceeding. If a colleague says their request was denied and you confirm what happened, you are shielded for backing them up.²

Filing a Complaint if Your Rights Are Violated

Denied leave or retaliation can be reported to the California Civil Rights Department. You have three years from the violation to file an intake form.⁴

Workplaces with 5 to 19 employees fall under CRD’s small employer family leave mediation program, so a dispute there may route through CRD’s Dispute Resolution Division before a formal investigation.²

You can also skip the agency investigation and request an immediate right-to-sue notice to take the employer to court directly.⁵ After the notice is issued, you have one year to file suit. Because the claim lives inside FEHA, the available remedies include back pay, emotional distress damages, punitive damages, reinstatement, and attorney’s fees.⁶

1
California Legislative Information. California Government Code 12945.7
2
Civil Rights Department. Bereavement Leave AB-1949 FAQ
3
California Department of Industrial Relations. Minimum Wage
4
California Civil Rights Department. Complaint Process
5
Legal Information Institute. California Code of Regulations Title 2 10005 – Obtaining a Right-to-Sue Notice
6
California Civil Rights Department. Employment Remedies