More Than a Policy: Understanding California's Bereavement Leave Requirements in 2026
Losing a loved one is hard enough without also worrying about job security or lost pay.
California recognized that back in 2022, when it passed a law guaranteeing bereavement leave to most employees. Heading into 2026, that law is still the backbone of bereavement policy in the state — but HR teams should understand exactly how it works, where the gray areas are, and how to build a compliant, compassionate policy around it.
The Legal Foundation: AB 1949
California's bereavement leave requirement comes from Assembly Bill 1949, which took effect January 1, 2023, and amended the California Family Rights Act (CFRA) and the Fair Employment and Housing Act (FEHA). As of 2026, this remains the controlling law — there's been no repeal or major overhaul, though employers should always confirm there haven't been new amendments before finalizing policy language.
Who's Covered
Employers: Any business with 5 or more employees (public or private sector).
Employees: Anyone who has worked for the employer for at least 30 days prior to the leave.
This is a much broader threshold than CFRA's general 50-employee requirement — bereavement leave applies to small businesses that aren't otherwise covered by CFRA's other provisions.
How Much Leave
Eligible employees are entitled to up to 5 days of bereavement leave per qualifying death. These days don't need to be consecutive, but they must be completed within three months of the date of death.
If an employee experiences multiple deaths in close succession — say, two family members within a few months — they're entitled to leave for each qualifying death separately.
Who Counts as "Family"
California defines family broadly for bereavement purposes, covering:
Spouse or domestic partner
Child — including a child to whom the employee stands in loco parentis (day-to-day parental responsibility), not just biological or adopted children
Parent — including a stepparent, legal guardian, or someone who stood in loco parentis to the employee, not just a biological or adoptive parent
Sibling
Grandparent
Grandchild
Parent-in-law
This list is notably more expansive than many private employer policies used to be, so companies with legacy "immediate family" definitions from before 2023 should double check their handbooks are aligned.
Paid or Unpaid?
This is the detail that trips up the most employers: the law does not require paid bereavement leave.
If an employee has accrued and unused paid vacation, personal leave, floating holidays, or sick leave, the employer can require that time to be used to cover the bereavement days (unless a collective bargaining agreement says otherwise).
If no such accrued leave is available, the leave can be unpaid.
Employers are always free to offer paid bereavement leave as a benefit beyond the legal minimum — and many do, as a differentiator in a competitive labor market.
Documentation and Confidentiality
Employers can request documentation to support the leave, but the law limits what that can look like. Acceptable documentation includes things like:
A death certificate
A published obituary
Burial or cremation records
Written verification from a mortuary, funeral home, cemetery, government agency, religious institution, or a court
Critically, any documentation an employee provides must be kept confidential and stored separately from the employee's regular personnel file — similar to medical leave records under CFRA.
Anti-Retaliation Protections
Employees are protected from retaliation for requesting or taking bereavement leave. That means employers can't:
Deny an eligible employee's request without legal grounds
Discipline, demote, or terminate someone for taking the leave
Treat leave requests as a negative factor in performance reviews or promotion decisions
Building a 2026-Ready Bereavement Policy
For HR teams updating handbooks this year, a solid bereavement leave policy should address:
Eligibility — Confirm it matches the 5-employee, 30-day thresholds (or is more generous).
Leave duration and paid status — State clearly how many days are offered, whether they're paid, and how PTO/sick leave interacts with them.
Family definition — Use the full statutory list, and consider whether to expand it (some employers add close friends or "chosen family" arrangements).
Request process — Outline how and when to notify a manager or HR, and what documentation (if any) will be requested.
Confidentiality commitments — Reassure employees that sensitive documentation won't be shared broadly.
Flexibility for complicated grief — Consider whether additional unpaid leave, EAP referrals, or flexible scheduling might be offered beyond the statutory minimum, since five days is often not enough time to manage the practical and emotional aftermath of a death.
The Bigger Picture
Legal compliance is the floor, not the ceiling. Many California employers now pair the mandatory five days with:
Extended unpaid leave options
Employee Assistance Program (EAP) grief counseling
Flexible return-to-work arrangements (reduced hours, remote work, gradual ramp-up)
Manager training on how to support grieving employees without overstepping
Grief doesn't run on a five-day clock. Employers who build a little extra compassion into their policies — beyond what the law strictly requires — tend to see it pay off in retention, morale, and trust.
This post is intended for general informational purposes and shouldn't be treated as legal advice. Employment law changes frequently, and California's legislature has been active on leave-related issues in recent years — HR teams should confirm current requirements with the California Civil Rights Department or employment counsel before finalizing any policy.
Need help building a compliant, compassionate bereavement policy for your team? Reach out to Lucid HR Solutions at hello@lucidhrsolutions.com — we're here to help.