California Bereavement Leave: Five Days, Pay, and Documentation

California bereavement leave protects time away from work after a covered family member dies. For eligible employees, the basic entitlement is up to five days, which need not be consecutive and must be completed within three months of the death. Whether those days are paid is a separate question. Keeping those distinctions clear helps an employee request leave without confusing a workplace policy with the statutory minimum.

Check the employer, service period, and family relationship

California Government Code § 12945.7(a)–(b) covers private employers with five or more employees and the state and its political or civil subdivisions. The employee must have worked for the employer for at least 30 days before the leave begins. Certain state employees covered by § 19859.3 receive bereavement rights under that separate provision.

The covered relationships are a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law, as defined by the referenced family-leave statute. An employer can offer leave for additional relationships, but that broader policy should not be mistaken for the relationships listed in this law. The Civil Rights Department’s bereavement FAQ explains that the entitlement applies upon the death of each covered family member; it is not a single five-day annual allowance.

Choose the days within the three-month window

Sections 12945.7(c)–(d) allow separate days rather than requiring one continuous block. An employee might take three days immediately and two days for a later memorial, provided all five fall within three months of the death. Record the date of death and each requested day so the timing is clear.

Follow the employer’s existing bereavement-request procedure, such as notifying a supervisor or human resources. A policy offering fewer than five days does not eliminate the statutory balance for an eligible employee. A written request can identify the covered relationship and requested dates without unnecessarily sharing private family details.

Distinguish protected leave from paid leave

Section 12945.7(e) does not require all five days to be paid. An existing paid-bereavement policy determines the paid portion, and the remaining statutory days may be unpaid. The statute permits use of otherwise available vacation, personal leave, accrued and available sick leave, or compensatory time off for the unpaid portion.

Ask in writing which pay balance will be applied and keep the written response. For example, a policy granting two paid bereavement days does not limit an eligible employee to two days off: The employee can take the additional three protected days, with pay addressed through available balances or unpaid leave. Bereavement leave is separate from, and does not reduce an eligible employee’s entitlement under, the California Family Rights Act; a longer absence for a serious health condition requires its own eligibility analysis.

Provide requested documentation within 30 days of starting leave

If the employer requests documentation, § 12945.7(f) allows 30 days from the first day of leave taken to provide it, rather than measuring that period from the date of death. The law does not require the document before leave starts. Examples include a death certificate, published obituary, or written verification of a death, burial, or memorial from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency.

Keep a copy of the request, the document provided, and the date of delivery. Under § 12945.7(i), the employer must maintain confidentiality, with disclosure allowed to internal personnel or counsel as necessary or as required by law. Submit the document through the designated personnel channel rather than circulating it more widely.

Keep the record if leave is refused or retaliation follows

Sections 12945.7(g)–(h) prohibit interference with the right and adverse treatment for exercising it or giving information in a proceeding concerning bereavement rights. Preserve the leave request, policy, schedules, payroll records, and any written reason for refusal or discipline. These materials help distinguish an eligibility disagreement from interference or retaliation.

A qualifying collective bargaining agreement can govern the entitlement under § 12945.7(k), but union membership alone does not establish the exception. The agreement must provide equivalent bereavement leave and the specified wages, hours, working conditions, overtime premiums where applicable, and a regular hourly rate at least 30% above the state minimum wage. Review the agreement before assuming the general provision does not apply.

The Civil Rights Department complaint process is available for alleged violations. A review through Mishra X’s employment practice can address eligibility, the policy or agreement, and the evidence supporting a leave or retaliation dispute.