How many bereavement days are you entitled to in CA? - California Business Lawyer & Corporate Lawyer

California bereavement law provides employees up to 3 days of leave following the death of a family member or other person in the employee’s household. (Government Code section 19859.3) If the death is outside California and you have to travel, an employee may request for two extra days, but without pay.

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By Brad Nakase, Attorney

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How many days do you get for bereavement leave in California?

California law guarantees most employees up to five days of bereavement leave from work following the death of a family member. For each deceased person, the bereavement leave in California is up to three days, paid. (Government Code section 19859.3) If the death is outside California and you have to travel, an employee may request for two extra days, but without pay.

Does California provide bereavement leave?

Yes, California provides bereavement leave to employees. California Bereavement leave is paid leave which is available to an employee at the time of death or funeral of a member of the employee’s immediate family. The California bereavement law applies to employers with five or more employees, and employees who have been employed at least 30 days prior to the commencement of leave. The California Family Rights Act (CFRA) entitles employees to five days of unpaid bereavement leave.

Does California require companies and employers to provide bereavement leave to employees?

Effective January 1, 2023, California’s bereavement leave law requires most employers to allow their employees to take up to five days of leave upon the death of certain family members.

Does Federal Fair Fair Labor Standards Act (FLSA) required companies and employers to provide bereavement leave to employees?

The Fair Labor Standards Act (FLSA) does not require payment for time not worked, including attending a funeral. This type of benefit is generally a matter of agreement between an employer and an employee (or the employee’s representative).

Who is considered immediate family for bereavement leave in California?

Generally, bereavement leave is permitted for immediate family member:

husband
wife
child
stepchild
brother
stepbrother
sister
stepsister
parent
stepparent
any person serving or who has served as a parent
grandparent
grandchild,
parent-in-law
brother-in-law
sister-in-law
or any other person living in the same household as the employee

When can I use bereavement leave be use?

Bereavement leave may only be taken at the time of the death or funeral of a member of the employee’s immediate family, and shall not be deducted from other leaves of absence or compensatory time off for which the employee may be eligible.

An employee should consult with their local city law or company policy, employees’ manual, or employees handbook.

Where do I find my company’s or employer’s bereavement leave policy?

An employee may find an employer’s bereavement leave policy by reading the companies:

Employee’s handbook
Employee’s manual
Company policy

The Human Resource HR department should have provided all employees a copy at the time of hire.

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