Bereavement Leave California: Your Rights Under AB 1949

What AB 1949 Actually Guarantees

California Assembly Bill 1949, effective January 1, 2023, requires private employers with five or more employees and state and local public entities to provide up to five days of bereavement leave per qualifying death. The leave is job-protected — your employer cannot retaliate, demote, or terminate you for taking it.

The five days do not need to be consecutive. You can split them across the first three months after the death, which matters when you need a day for the funeral, another for probate court, and a third to meet with the estate attorney weeks later.

The leave is unpaid under the statute itself, but California law allows you to use any accrued vacation, personal leave, or sick time during the bereavement period. If your employer's policy already provides paid bereavement leave, AB 1949 functions as a floor — the more generous policy controls.

Who Qualifies and Which Relationships Are Covered

Any employee who has been employed by a covered employer for at least 30 days immediately before starting leave is eligible. There is no hours-per-week minimum.

Covered relationships under AB 1949 include:

• Spouse or domestic partner
• Child (biological, adopted, foster, stepchild, or legal ward)
• Parent (biological, adoptive, foster, stepparent, or legal guardian)
• Sibling
• Grandparent
• Grandchild
• Parent-in-law

The list does not include aunts, uncles, cousins, nieces, nephews, or close friends. If your loss falls outside these categories, check your employer's policy and other available leave options. California's kin care rule applies to sick leave used to care for a family member, not time off for a death itself.

Documentation Your Employer Can Request

If requested, provide documentation within 30 days of the first day of leave. It may include a death certificate, published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency. The employer must keep the documentation confidential, except for necessary disclosure to internal personnel or counsel or disclosure required by law.

If proof is not available yet, ask HR which accepted alternative you can submit within the 30-day period.

How AB 1949 Interacts with CFRA and FMLA

AB 1949 leave is separate and distinct from CFRA leave and does not reduce your CFRA entitlement. If grief leads to a serious health condition, a separate CFRA or FMLA claim may be available if you and your employer meet the applicable eligibility requirements.

If your grief triggers a serious health condition, ask whether CFRA or FMLA applies. A healthcare provider's certification and the law's eligibility requirements may apply.

What to Do If Your Employer Pushes Back

Document everything in writing. If your employer denies bereavement leave, reduces your hours, or retaliates in any way, you can file a complaint with the California Civil Rights Department (formerly DFEH). The statute explicitly prohibits retaliation, and enforcement has been active since the law took effect.

Before your leave, send a brief email to your manager and HR confirming the dates you will be out. Follow up on any documentation request within the applicable statutory or policy deadline. This paper trail protects you if disputes arise later.

If you are also managing estate settlement while working — probate filings, bank notifications, insurance claims — the Returning to Work After Bereavement toolkit walks you through the full administrative timeline so nothing falls through the cracks during those fragmented leave days.