The statute · Gov. Code §12945.7
Losing someone is hard enough without worrying about work. Here is what California’s statute on time off after a death says, part by part, including the SB 1149 change starting January 1, 2027.
The short answer
Government Code 12945.7 lets you take up to five days off after the death of a family member: a spouse, child, parent, sibling, grandparent, grandchild, domestic partner or parent-in-law. It covers employers with 5 or more employees and public employers, once you have worked there 30 days. Starting January 1, 2027, SB 1149 adds a “designated person,” someone related to you by blood or who is like family to you.
From the California labor lawyers at Employees First Labor Law, led by Jonathan P. LaCour, CEO · Senior Trial Counsel. Meet our team. Updated November 2026
Section 12945.7 took effect January 1, 2023. It is part of FEHA, California’s workplace civil rights law. It makes it unlawful for a covered employer to refuse your request for a few days to grieve, make arrangements, and be with family.
This page reads the statute itself. For a step-by-step guide to asking for the time, see our California bereavement leave guide.
Each card covers one key part of the statute as it reads through 2026. Short quotes are the statute’s own words.
(a)(1)–(2)
You must have worked for your employer at least 30 days before the leave starts. Employers with 5 or more employees are covered, and so are the state, cities, counties and other public employers. Some state workers fall under a separate law instead.
(a)(3)
Family means “a spouse or a child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law,” using CFRA’s definitions. There is no age limit on a child.
(b)–(d)
Your employer may not refuse “up to five days” of leave after a family member dies. The days do not have to be in a row, and you finish them within three months of the death.
(e)
Your employer’s bereavement policy applies. With no policy, the days may be unpaid, but you can use vacation, personal leave, accrued sick leave or comp time. If a policy offers fewer than five days, you still get five, and the extra days may be unpaid.
(f)
If your employer asks, you provide proof within 30 days of the first day of leave. Examples include a death certificate, a published obituary, or a note from a mortuary, funeral home, religious institution or government agency.
(g)–(h)
Your employer may not fire, demote, fine, suspend or otherwise punish you for taking the leave or for giving information about it. It also may not interfere with, restrain or deny it.
(i)
Your employer must not share your request or your documents, except with internal staff or lawyers who need them, or as the law requires.
(j)–(k)
This right is “separate and distinct” from CFRA. It does not apply under a qualifying union contract that already gives equivalent bereavement leave, covers wages, hours and working conditions, pays overtime premiums, and pays at least 30 percent above the state minimum wage.
SB 1149 was approved on September 27, 2026, and takes effect January 1, 2027. It amends section 12945.7 to cover a “designated person.” Some of the online copies of the statute will show the older text until they update.
CFRA has used the same “designated person” idea since 2023. See Government Code 12945.2 explained.
If your baby was born alive and then died, that is the death of a child. Section 12945.7 applies on its plain terms.
After a stillbirth, the answer is less clear. Section 12945.7 does not say whether a stillborn baby counts as a “child,” and we found no state guidance on it, so it is an open question. What is clear is that stillbirth is covered by Government Code 12945.6, which gives up to five days, and by pregnancy leave under section 12945 for your recovery. See stillbirth leave in California.
Both give up to five days, but for different losses.
Only if your employer’s policy pays it. Otherwise, the five days may be unpaid, but you can choose to use vacation, personal leave, accrued sick leave or comp time. If your employer’s policy gives fewer than five paid days, you still get five days in total, and the rest may be unpaid.
Yes. If your employer asks, you must provide documentation within 30 days of the first day of your leave. A death certificate, published obituary, or written note from a mortuary, funeral home, religious institution or government agency all count. Your employer must not share it except with people who need it.
Under SB 1149, someone related to you by blood, or whose connection to you is the equivalent of a family relationship, such as a close friend or chosen family. You can name the person when you ask for leave. Your employer may limit you to one designated person every 12 months.
Yes for both parents-in-law and grandparents, which the statute lists by name. Other in-laws, such as a brother-in-law, are not listed by name. Starting in 2027, you may be able to name one of them as your designated person if your bond is the equivalent of family.
No. Section 12945.7 bars firing, demoting, fining, suspending or otherwise punishing you for taking the leave. You generally have 3 years from the unlawful act to file with the California Civil Rights Department, which you must do before suing. After you get a right-to-sue notice, you have 1 year to file a lawsuit. See retaliation after taking leave.
This page gives general information about California law as of November 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Every situation is different; talk with a lawyer about yours.
Free case review
We work exclusively for workers. Tell us what happened and we will explain your options. Free virtual consultations. Se habla español.
Prefer to write? Contact us. ¿Prefiere español? Empleados Primero
We work on contingency: our fee is a percentage of what we recover for you. How case costs are handled is spelled out in your written fee agreement.
Tell us what happened. Free virtual consultations, exclusively for workers, in English or Spanish.
