California Bereavement Leave Law: What AB 1949 Requires

What AB 1949 Actually Requires

California's Assembly Bill 1949, effective January 1, 2023, made the state one of the first to mandate bereavement leave for private-sector employees. If your company has five or more employees and operates in California, eligible employees who have worked for at least 30 days are covered — regardless of what your internal policy says.

The basics: eligible employees get five days of unpaid bereavement leave per qualifying death. The leave doesn't have to be taken consecutively — an employee can spread it across the three months following the death. That flexibility matters, because the funeral might happen in week one but the probate hearing happens in week eight.

Covered relationships include a spouse or domestic partner, child, parent, parent-in-law, sibling, grandparent, and grandchild. Notably, close friends, aunts, uncles, and cousins are not covered under this law.

The Details That Trip Managers Up

It's unpaid, but... While AB 1949 doesn't require employers to pay for bereavement days, employees can use accrued vacation, PTO, or sick leave to cover the time. If your policy already provides at least five days for every AB 1949-covered death and allows leave within the statutory window, those days count toward the entitlement; you do not add a second five-day bank.

Documentation is not required before leave starts. If the employer requests documentation, the employee must provide it within 30 days of the first day of leave. Acceptable documentation may include a death certificate, obituary, or written verification from a listed service provider.

Retaliation is prohibited. Denying bereavement leave, threatening consequences for using it, or counting it against an attendance record violates California labor law. The remedies include reinstatement, back pay, and attorney fees. The California Civil Rights Department handles complaints.

Multiple losses in one year. An employee who loses both a parent and a sibling in the same year is entitled to five days for each death. There's no annual cap written into AB 1949.

How AB 1949 Interacts With Other California Leave Laws

California employees may have overlapping leave rights beyond AB 1949:

CFRA (California Family Rights Act): If grief triggers a serious health condition — diagnosable depression, anxiety, PTSD — an eligible employee can take up to 12 weeks of job-protected leave under CFRA. This runs independently of bereavement leave and has its own eligibility requirements (employer with five or more employees, 12 months of employment, and 1,250 hours worked).

Paid time during bereavement leave: AB 1949 allows employees to use accrued and available sick leave, vacation, personal leave, or compensatory time that is otherwise available to them. The law does not require employers to pay for bereavement leave.

Company bereavement policies: If your existing policy provides at least five days for every AB 1949-covered death and allows leave within the statutory window, those days count toward the entitlement. If your policy offers three days for a covered death, the employee remains entitled to two additional days under the statute.

The practical takeaway: California employees dealing with a death may combine bereavement leave, sick leave, CFRA leave, and PTO depending on their circumstances. Managers need to coordinate with HR rather than making coverage decisions unilaterally.

What Managers Should Actually Do

Beyond the legal compliance, the real question is whether five days is adequate for the loss your employee is facing. The data says no — estate administration alone averages 540 hours over 15 months, and grief can affect concentration and memory after an employee returns, not only during the first week.

Here's what effective California managers do in addition to meeting AB 1949 requirements:

• Allow the five days to be taken flexibly across the 90-day window rather than requiring a single block
• Offer additional PTO or unpaid time informally when the statutory leave runs out
• Schedule a return-to-work conversation before the employee's first day back, covering adjusted workload, communication preferences, and check-in cadence
• Set up a phased return — half days or reduced responsibilities for the first one to two weeks back

The Supporting a Grieving Employee guide includes a complete return-to-work agreement template, conversation scripts for each phase, and a workload triage matrix that makes these informal accommodations structured and repeatable.

Common Compliance Mistakes

Applying the law only to full-time employees. AB 1949 applies to any employee who has been employed for at least 30 days, regardless of full-time or part-time status.

Requiring documentation before granting leave. If requested, documentation is due within 30 days of the first day of leave; it need not be provided before leave starts.

Counting bereavement days as absences in attendance policies. This constitutes retaliation under California law.

Ignoring domestic partnerships. AB 1949 explicitly covers domestic partners — not just spouses. California has a long statutory history protecting domestic partnerships, and bereavement leave is no exception.

If you're unsure whether your current policy meets AB 1949, check whether it explicitly covers at least five days for the listed relationships, allows non-consecutive use, and prohibits retaliation. If any element is missing, update the policy language and communicate the change to your management team.