California’s bereavement leave law, often grouped with the California Family Rights Act and codified at Government Code Section 12945.7, entitles eligible employees to up to five days off when a close family member dies. The leave must be completed within three months of the death, and your employer cannot retaliate against you for taking it.
Who Is Eligible
Two conditions have to be met. Your employer must have five or more employees, and you must have worked for that employer for at least 30 days before the leave begins.1California Legislative Information. California Government Code 12945.7 State and local government agencies are covered regardless of size.
The 30-day threshold is about time on the payroll, not hours worked. A part-time employee who was hired five weeks ago qualifies even after only a few shifts. Someone in their first month on the job does not.
Which Family Members Are Covered
The statute defines “family member” narrowly. The death must be one of the following relationships:
- Spouse or domestic partner
- Child
- Parent
- Sibling
- Grandparent
- Grandchild
- Parent-in-law
“Parent” and “child” borrow their meanings from the broader CFRA statute at Government Code Section 12945.2, which includes biological, adoptive, foster, and step relationships, as well as legal guardians and people who stood in a parental role.1California Legislative Information. California Government Code 12945.7 If the person who died does not fit one of these categories, this law does not apply. Some employers extend bereavement leave to other relationships through their own policies.
How Many Days and When You Can Take Them
You get up to five days for each qualifying death. They do not have to be consecutive. You might take two days right after the death and save three for a memorial service or estate matters weeks later.1California Legislative Information. California Government Code 12945.7
The one firm deadline: all five days must be completed within three months of the date of death.1California Legislative Information. California Government Code 12945.7 If two qualifying family members die in that span, the five-day entitlement applies separately to each loss.
Whether the Leave Is Paid
Pay depends on what your employer already offers:
- If your employer has a bereavement policy that already provides five or more paid days, you take the leave under that policy and get paid as usual.
- If the policy provides fewer than five paid days, you get paid for the days the policy covers. The remaining days may be unpaid.
- If your employer has no bereavement policy at all, the leave may be unpaid.
In any case where days would otherwise be unpaid, you can choose to use accrued vacation, personal leave, sick leave, or compensatory time to stay whole on your paycheck. That choice belongs to you, not your employer.1California Legislative Information. California Government Code 12945.7
Documentation Your Employer Can Ask For
You do not need to prove anything to start your leave. If your employer wants documentation, you have 30 days from the first day of leave to provide it.1California Legislative Information. California Government Code 12945.7 No one can require a death certificate before you walk out the door.
Acceptable documentation includes a death certificate, a published obituary, or written verification of the death, burial, or memorial service from a funeral home, crematorium, religious institution, or government agency.2Civil Rights Department. Bereavement Leave FAQ The statute lists these as examples rather than an exhaustive list. An obituary or funeral program is usually the fastest to produce; death certificates can take weeks depending on the county.
Confidentiality and Protection Against Retaliation
Any documentation you give your employer must be kept confidential. It can be shared only with internal personnel or legal counsel on a need-to-know basis, or when disclosure is required by law.1California Legislative Information. California Government Code 12945.7 A manager who circulates the details of your loss to coworkers is violating the statute.
The law also bars employers from firing, demoting, suspending, fining, or otherwise discriminating against you for requesting or taking bereavement leave, and from interfering with your attempt to exercise the right. The same protection covers anyone who gives information or testimony about bereavement leave in an investigation or proceeding.1California Legislative Information. California Government Code 12945.7 Retaliation is not limited to termination. A worse schedule after you return, a passed-over promotion, or hostile comments about your time off can all count.
If Your Employer Denies the Leave or Retaliates
You can file a complaint with the California Civil Rights Department. You have three years from the date of the violation to file.3Civil Rights Department. Employment Discrimination The CRD can investigate and issue a right-to-sue letter that lets you take the matter to court.
Because the statute sits inside the Fair Employment and Housing Act’s enforcement framework, remedies can include back pay, reinstatement, and compensation for emotional distress. Keep a written record from the beginning: your leave request, your employer’s response, and anything that happens afterward.
Religious Observance Beyond Five Days
No federal law requires private employers to provide bereavement leave, and the Family and Medical Leave Act does not cover mourning or funeral attendance. If your religious practice calls for a mourning period longer than five days, Title VII of the federal Civil Rights Act may require your employer to accommodate it unless doing so would cause substantial hardship to the business.4U.S. Equal Employment Opportunity Commission. Fact Sheet: Religious Accommodations in the Workplace That could take the form of additional unpaid time off, scheduling flexibility around services, or other adjustments.