Losing a loved one is a profoundly difficult experience. During such times, employees should not have to worry about job security when taking time to grieve. California bereavement leave laws provide essential protections for workers in Sacramento and statewide.
Under California Assembly Bill 1949 (AB 1949), eligible employees may take protected bereavement leave. This leave is available after the death of a qualifying family member. Employers who deny leave, retaliate, or fire employees for using these rights may violate California employment law.
At Shimoda & Rodriguez Law, PC, our employment lawyers serve clients throughout Northern California. We protect employee rights in cases involving wrongful termination, retaliation, discrimination, and leave violations. If your employer denied bereavement leave or retaliated against you for taking time off, you may have legal options.
What Is AB 1949?
AB 1949, signed in 2022, created required bereavement leave protections for eligible employees. It also sets clear rules for employers on protected leave.
Under AB 1949:
- Eligible employees may take up to five days of bereavement leave.
- Leave does not need to be taken consecutively.
- Leave generally must be completed within three months of the family member’s death.
- Employers are prohibited from retaliating against employees who exercise their rights.
Who Qualifies for Bereavement Leave in California?
California bereavement leave protections apply to a broad range of employees. Eligible employees include:
- Employees who work for private employers with five or more employees
- Employees working for public employers
- Full-time employees
- Part-time employees who meet eligibility requirements
To qualify, an employee must have worked for the employer for at least 30 days before the leave begins. Employers must follow California law, no matter their own bereavement leave policies. They cannot retaliate against employees for taking protected leave.
Family Members Covered Under California Bereavement Leave Law
California law broadly defines which family members are covered under bereavement leave. Employees may take protected leave after the death of a spouse, domestic partner, child, parent, sibling, grandparent, grandchild, or parent-in-law.
Disputes may arise when employers deny leave related to domestic partners or nontraditional family structures. Consulting a California employment lawyer can help employees understand their rights.
Documentation Requirements for Bereavement Leave
Employers may request reasonable documentation for bereavement leave. Common documentation includes:
- A death certificate
- Funeral or memorial service information
- An obituary
- Written confirmation from a funeral home or service provider
Employers cannot use documentation requests to harass, intimidate, or discourage employees from taking protected leave. If an employer demands excessive documentation or treats you unfairly after a leave request, contact an employment attorney to discuss possible violations.
Employer Retaliation and Wrongful Termination Risks
California employers are prohibited from retaliating against employees who exercise their bereavement leave rights. However, retaliation still occurs in many workplaces.
Illegal employer conduct may include:
- Firing an employee for taking bereavement leave
- Reducing hours or pay after leave is requested
- Demoting an employee
- Issuing unfair discipline
- Creating a hostile work environment
- Pressuring employees to return to work early
- Threatening termination for taking leave
Employers may disguise retaliation as performance or attendance issues. In many cases, employees may not immediately realize that someone has violated their rights.
If you experienced retaliation after requesting bereavement leave, document emails, text messages, disciplinary notices, or HR communications to help preserve important evidence.
Common Bereavement Leave Violations in California
Employees across California report various workplace issues related to bereavement leave, including:
- Wrongful denial of leave requests
- Retaliation after taking leave
- Misclassifying leave as unexcused absences
- Refusing to allow employees to use PTO
- Threats or intimidation related to leave requests
- Wrongful termination following protected leave
- Discrimination connected to leave usage
What To Do if Your Bereavement Leave Rights Were Violated
Employees who believe their rights were violated should consider these steps:
- Save written communications with supervisors or HR.
- Keep records of disciplinary actions or schedule changes.
- Review company leave policies and employee handbooks.
- Document dates related to leave requests and retaliation
- Speak with an experienced California employment lawyer.
Employment claims often depend on documentation and timing. Acting quickly helps protect your legal claims and preserve evidence.
If you believe your employer violated California bereavement leave law or retaliated against you for taking protected leave, contact Shimoda & Rodriguez Law, PC to discuss your legal options with an experienced California employment lawyer serving Northern If you believe your employer violated California bereavement leave law or retaliated against you for taking protected leave, contact Shimoda & Rodriguez Law, PC to discuss your legal options with an experienced California employment lawyer serving Northern California.
Frequently Asked Questions about California Bereavement Leave Law
Is bereavement leave mandatory in California?
Yes. Under AB 1949, many California employers are required to provide eligible employees with up to five days of bereavement leave following the death of a qualifying family member.
Is bereavement leave paid in California?
California does not require paid bereavement leave. Employees may use PTO, vacation, or sick leave according to employer policy.
Can an employer deny bereavement leave?
Covered employers generally cannot deny protected bereavement leave to eligible employees.
Can you get fired for taking bereavement leave in California?
No. Under California law, employers cannot legally retaliate against employees for taking protected bereavement leave.
Does AB 1949 apply to part-time employees?
Yes. Part-time employees may qualify if they meet eligibility requirements. They must have worked for their employer for at least 30 days.
How long do employees have to use bereavement leave?
Bereavement leave generally must be completed within three months of the family member’s death.
Can employers ask for proof of bereavement leave?
Yes. Employers may request reasonable documentation, such as a death certificate, obituary, or funeral program.