CA Bereavement Leave 2025: AB 1949 Rules, Paid vs Unpaid Time, and Employer Compliance

California AB 1949 requires employers to provide up to five days of bereavement leave for eligible employees in 2025. It covers eligibility, paid versus unpaid time, documentation rules, employer obligations, and compliance risks for California businesses.

By Douglas Wade, Attorney

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Table of Contents

1. Introduction

2. AB 1949: What is it?

3. How to Apply for CA Bereavement Leave in 2025

4. When and How to Take CA Bereavement Leave in 2025

5. Rules for Documentation

6. What’s the difference between Unpaid Leave and Paid Bereavement Leave?

7. The duties of the employer as per AB 1949

8. What Does This Mean for Small Businesses in California?

9. How an Employer Can Implement Bereavement Leave

10. What Will Happen if You Do Not Abide by AB 1949?

11. Strive to Comply

Introduction

The new labor law changes in California will mean that employers and employees have to revise their bereavement leave policies as of 2025. The Assembly Bill 1949, which establishes new requirements of bereavement leaves, has an effect on businesses all over the state.

We have gathered together all the information that you must know about such requirements to make sure that your business is compliant and that your workers understand their rights.

AB 1949: What is it?

After the death of a recognized family member, California statute AB 1949 allows eligible employees to take a maximum of five days of leave for bereavement.

The California Family Rights Act and the Family & Medical Leave Act are two examples of leave types that are not affected by this one. Additionally, it is safeguarded, and employers are unable to refuse eligible team members access to it. All California businesses with more than five staff members are covered by the act.

How to Apply for CA Bereavement Leave in 2025

To qualify for CA Bereavement Leave in 2025, according to AB 1949, a worker must meet a number of requirements:

Employment Status: A minimum of thirty days before the requested leave, the employee must have been employed.
Family Members Who Qualify: The passing away of a sibling, parent-in-law, grandchild, spouse, child, parent, or domestic partner is covered under bereavement leave. The California Family Rights Act provides a precise definition of these relationships.

There is no cap on how many times an employee can take CA bereavement leave in 2025 because it is only available for certain instances of loss of an eligible family member.

When and How to Take CA Bereavement Leave in 2025

AB 1949 allows for flexibility in the use of bereavement leave.

It is not necessary to take the 5 days in that order. Following the loss of an eligible family member, employees can spread out the days over three months.
Within 3 months of an immediate family member’s passing, each of the 5 days of leave needs to be taken.

This flexibility enables employees to manage the grieving procedure. They may take CA bereavement leave in 2025 when it best suits their situation.

Rules for Documentation

Records demonstrating the requirement for bereavement leave may be requested by employers. Document types that have been approved include the following:

A certificate of death
A recently released obituary.
Documented evidence of a mortuary, burial society, funeral home, crematorium, place of worship, or government organization certifying the death, memorial services, or burial.

The CA Bereavement Leave in 2025 allows the employee to submit any documentation that might be demanded by the employer, 30 days after the first day of bereavement leave. Such records should not be disclosed to other parties unless there is a need to do so according to the law.

What’s the difference between Unpaid Leave and Paid Bereavement Leave?

Employees are compensated for leave under AB 1949 in specific ways. Consider a few things:

Existing Bereavement Rules: A worker is entitled to the specified paid days if the employer already has a bereavement leave arrangement that provides less than 5 days of paid time. There could be a total of five unpaid remaining days.
No Existing Policy: 5 days of leave under AB 1949 is not paid where there is no existing policy by the business. Employees have the opportunity to cover the unpaid days using accumulated paid leave days (vacation or sick leave).

By looking at their existing policies for CA Bereavement Leave in 2025, companies will be able to meet the latest requirements and make the needed adjustments.

The duties of the employer as per AB 1949

According to AB 1949, the employers in California have certain obligations. An employer cannot:

Refuse to pay/compensate, fire, demote, discipline, suspend, remove, or treat an employee unfairly just because they used their right to CA bereavement leave in 2025.
Refuse, restrict, or interfere with a worker’s AB 1949 rights.
Retaliate against the worker who gives information/evidence concerning the bereavement leave.

Employers must comply with the legal mandates. They risk facing fines otherwise. They may also fail to provide a motivating work environment.

Employees whose employers have a valid collective bargaining agreement are not eligible for AB 1949, given that agreement specifically addresses:

Bereavement leave that meets or exceeds AB 1949’s requirements for target compensation,
Hours labored and working circumstances
Premium compensation for each additional hour of work
A steady hourly rate of pay, and at least thirty percent more than the state minimum wage

Furthermore, AB 1949 does not apply to state employees who are eligible for bereavement leave according to Government Code section 19859.

What Does This Mean for Small Businesses in California?

Small businesses with five to nineteen employees should be informed that, similar to CFRA violations, any alleged AB 1949 violation may be addressed by the mediation pilot initiative of the California Civil Rights Department.

To ensure ongoing compliance, small enterprises should closely monitor their comprehension and application of AB 1949’s requirements.

How an Employer Can Implement Bereavement Leave

The recommendations that follow can be used by employers to implement AB 1949’s provisions for bereavement leave:

1. Examine and revise the policies

To meet the requirements of AB 1949, businesses should review their present bereavement leave rules. If there isn’t a policy in place, now is an opportunity to create one.

2. Interact With Workers

Explain the updated bereavement leave policy in detail to every employee. Make sure they understand how to request time off and their rights.

3. Training HR

Train HR executives & employees on the new standards. They can address bereavement leave requests in a tactful & acceptable way.

4. Maintain Confidentiality

You need to make sure that records of bereavement leave are kept confidential. They can only be given when necessary, according to the law.

5. Track Adherence

Leave policies have to be reviewed and updated regularly. It is to keep pace with any changes in the regulations.

Employers may ensure compliance with the law by following these practices. They must offer their employees the kind of support they need when in such challenging circumstances. Implementation requires proactive policy considerations, effective communication, and management education.

Moreover, protecting the privacy of CA staff and being a careful compliance observer, your company can successfully handle these tasks and develop a sympathetic and humane team.

What Will Happen if You Do Not Abide by AB 1949?

AB 1949 should be respected because it is necessary to have a fair and supportive working environment. In the case of businesses and employees, non-compliance may be extremely detrimental and impact the legal standing of the company as well as the morale of the employees.

To minimize risks and offer a healthy work environment, the companies must know the possible consequences of non-compliance:

1. Legal Consequences

Legal cases are one of the greatest concerns among businesses that do not comply with AB 1949. Employees who are retaliated against because they have asked to be given bereavement time, or who are denied the leave they are entitled to, can bring a complaint to the California Civil Rights Department.

In case there are legal compliance measures that should be implemented, the CRD has the authority to investigate claims and implement rules. It can be penalized, fined, or face other legal actions against the corporation.

Alternatively, the CRD will be able to give a right-to-sue notice to employees and allow them to commence a civil lawsuit. Such litigations may be costly, time-consuming, and damaging to the reputation of the business. Although the business may win in the long run, the procedure can create issues and demoralize the employees.

2. Effects on Employee Retention and Morale

Besides the legal consequences, a significant HR consequence of going against AB 1949 can be a significant demoralization of employees. Employees who feel unsupported are not likely to remain interested and productive after a personal tragedy.

Additionally, they might be persuaded to seek employment elsewhere, which would increase turnover rates and increase the cost of training recently hired employees.

The company’s reputation in the wider market may suffer if bereavement leave policies are disregarded. Prospective employees give corporate culture and benefits top priority when choosing a place to work. If the fundamental rights of staff members are not respected, a company may appear less appealing to top personnel.

Finally, the importance of adhering to AB 1949 along with other state compliance procedures cannot be overstated. Employers are required to understand and adhere to these standards. There are legal and reputation risks, as well as an impact on the welfare of their workforce.

Businesses may protect themselves against lawsuits and demonstrate that their workers are their top concern. It fosters loyalty and a great workplace culture.

Strive to Comply

California AB 1949 was a significant alteration to the need that employees should take time off during a challenging period, which was the demise of a family member. Employers who wish to stay within the confines of the rules and, at the same time, provide their employees with the assistance that they require must understand and comply with the law.

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CA Bereavement Leave 2025: AB 1949 Rules, Paid vs Unpaid Time, and Employer Compliance

Introduction

AB 1949: What is it?

How to Apply for CA Bereavement Leave in 2025

When and How to Take CA Bereavement Leave in 2025

Rules for Documentation

What’s the difference between Unpaid Leave and Paid Bereavement Leave?

The duties of the employer as per AB 1949

What Does This Mean for Small Businesses in California?

How an Employer Can Implement Bereavement Leave

What Will Happen if You Do Not Abide by AB 1949?

Strive to Comply

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