Vacation
Vacation you have earned can cover bereavement days. Your employer’s policy and your pay stub show how much you have.
Bereavement leave pay · California
Is bereavement leave paid in California?Not by law, but you have options
We’re sorry for your loss. California protects up to 5 days off after a death in your family. Whether those days are paid depends on your employer’s policy and the paid time you have.
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5daysOf protected leave for each death
0paid daysRequired by the law itself
4kinds of paid timeYou may use: vacation, personal, sick or comp time
3monthsTo use the days after the death
The short answer
Not by law. California’s bereavement leave law gives you up to 5 days off after a family member dies, but it does not require your employer to pay for them. If your employer has a bereavement policy, that policy applies. If not, the days may be unpaid, but you may use vacation, personal leave, accrued and available sick leave, or comp time to get paid.
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
On this page
- Is bereavement leave paid in California? What the law says
- Will my bereavement days be paid? A quick check
- Paid time you can use for bereavement leave
- Can you use California paid sick leave for a death or funeral?
- Bereavement pay under a union contract or a government job
- What to do if your policy promised bereavement pay and you weren’t paid
- Bereavement leave pay: common questions
- Keep reading
Is bereavement leave paid in California? What the law says
Under Government Code §12945.7, an employer with 5 or more employees, or any public employer, may not refuse your request for up to 5 days of bereavement leave after a family member dies, once you have worked there at least 30 days. The law protects the time. It does not, by itself, make your employer pay for it.
Pay depends on your employer’s policy. The law says the leave “shall be taken pursuant to any existing bereavement leave policy of the employer.” Here is how that works:
| Your employer’s policy | What you get |
|---|---|
| Pays 5 or more days | The paid days your policy promises |
| Pays fewer than 5 days | Those paid days, plus enough days to reach 5 in total. The extra days may be unpaid, but you may use other paid time for them. |
| Gives fewer than 5 unpaid days | At least 5 days in total, which may be unpaid |
| No policy at all | Up to 5 days that may be unpaid. You may use vacation, personal leave, accrued and available sick leave, or comp time. |
The California Civil Rights Department (CRD) says the same in its bereavement leave FAQ: covered employers must grant the time, but the law does not require them to pay for it. For the full rules, see our California bereavement leave guide, and check who counts as family.
Will my bereavement days be paid? A quick check
Answer a few yes-or-no questions about your job, your employer’s policy and your paid time.
A quick yes-or-no check
- The state law may not cover you yet The law covers employers with 5 or more employees and public employers, after 30 days on the job. Your employer’s policy or a union contract may still give you time, and you can ask to use paid time off.
- Your policy should pay you Your employer’s existing policy applies, so the paid days it promises should show up on your paycheck. If they don’t, see the steps below.
- Paid days first, then the rest You get your policy’s paid days plus enough days to reach 5 in total. You may use vacation, personal leave, accrued and available sick leave, or comp time to get paid for the extra days.
- You can use your saved time to get paid With no paid policy, the days may be unpaid, but the law lets you use vacation, personal leave, accrued and available sick leave, or comp time. Tell your employer in writing which time you want to use.
- The days may be unpaid, but they are still protected Your employer still may not refuse up to 5 days, interfere with them, or punish you for taking them. Check whether a union contract or your handbook gives you anything more.
Paid time you can use for bereavement leave
If your employer doesn’t pay for bereavement days, the law lets you use paid time you already have. CRD’s FAQ says your employer must let you use it so you can be paid.
Personal leave or PTO
Personal days, or a combined paid time off (PTO) bank, can be used too.
Accrued sick leave
The bereavement law lists “accrued and available sick leave.” The next section explains how this fits with California’s paid sick leave law.
Comp time
If your job offers compensatory time off (time off given in place of overtime pay), the law lets you use comp time “that is otherwise available” to you.
Can you use California paid sick leave for a death or funeral?
The bereavement law allows it. Section 12945.7 says that for unpaid bereavement days, you may use “accrued and available sick leave,” along with vacation, personal leave or comp time. CRD’s FAQ says that if you have sick leave available, your employer must let you use it so you can be paid.
The paid sick leave law doesn’t list it. California’s paid sick leave law, Labor Code §246.5, has its own list of uses: diagnosis, care or treatment of a health condition, or preventive care, for you or a family member; jury duty, court appearances and certain needs of crime victims and their families; and, for some outdoor farmworkers, avoiding smoke, heat or flooding during a declared emergency. A death or a funeral is not on that list, and the Labor Commissioner’s paid sick leave FAQ does not mention bereavement.
What this means for you. If you want to use sick leave for bereavement days, point to the bereavement law and CRD’s FAQ, not the sick leave law. Ask in writing. If your employer says no, or counts the days against you, talk with a lawyer. Our paid sick leave guide covers the basics, including the minimum of 40 hours or 5 days a year.
If grief affects your health, sick leave for your own diagnosis, care or treatment is on the sick leave law’s list.
Bereavement pay under a union contract or a government job
Different rules can apply depending on who you work for. Tap the one closest to yours.
You work under a union contract
The state law doesn’t apply under a valid union contract that expressly gives equivalent bereavement leave, covers wages, hours and working conditions, pays overtime premiums, and pays a regular rate at least 30 percent above the state minimum wage. CRD’s FAQ says union contracts must provide at least 5 days of unpaid, job-protected bereavement leave. Whether any days are paid depends on your contract, so ask your steward.
You work for a city, county or other local agency
Public employers are covered no matter how many people they employ. Pay depends on your agency’s policy or your union contract. If they pay fewer than 5 days, you still get 5 in total.
You work for the State of California
Some state workers, mainly permanent employees outside the bargaining units such as managers and supervisors, are covered by a different law, Government Code §19859.3. It gives up to 3 days of paid bereavement leave per death, plus 2 more days you can ask for, unpaid or charged to sick leave. It covers anyone related to you by blood, adoption or marriage, or living in your household. Other state workers should check their bargaining unit contract.
You work for the federal government
Federal employees follow federal leave rules. The U.S. Office of Personnel Management (OPM) says you may use up to 104 hours (13 days) of sick leave each leave year for family care or bereavement, including to make arrangements after a family member’s death or to attend the funeral. Your agency’s HR office can tell you how this applies to you.
Your employer has fewer than 5 employees
The state bereavement law doesn’t cover private employers with fewer than 5 employees. You can still ask to use vacation or paid time off you have earned, and check whether your handbook offers bereavement time.
What to do if your policy promised bereavement pay and you weren’t paid
Payroll mistakes happen. These steps help you fix it, and keep a record if it isn’t fixed.
Find the promise in writing
Find the bereavement policy in your handbook, offer letter, union contract or HR portal. Note how many paid days it gives, and for whom. Save a dated copy.
Compare it with your pay stub
Check the pay stub that covers your leave. See whether the days were paid, left unpaid, or charged to your vacation or sick time. You can ask for your payroll records, and the Labor Commissioner says your employer must provide them within 21 calendar days. See how to request your personnel file and payroll records.
Ask payroll or HR in writing
Keep it short and factual. If you haven’t asked for the leave yet, start with how to request bereavement leave.
Missing bereavement pay emailSubject: Bereavement pay for [dates] Hi [Payroll or HR name], I took bereavement leave on [dates] after the death of my [relationship]. Our bereavement policy in [handbook section or document] provides [number] paid days for this. My pay stub for [pay period] does not show that pay. [The days were unpaid. / The days were charged to my vacation or sick leave.] Please correct this on my next paycheck, or let me know in writing why it was handled this way. Thank you, [Your name] [Date]
Keep a simple record
Note the dates you were off, who you spoke with and what they said. Keep every email and text.
Get help if it isn’t fixed
The Labor Commissioner takes wage claims when employers don’t pay “the wages or benefits they are owed,” and its filing deadlines run from 1 to 4 years depending on the claim. If you were refused the time off or punished for taking it, you generally have 3 years to file a complaint with CRD. A lawyer can tell you which path fits. See also if your bereavement leave was denied and retaliation after bereavement leave.
Bereavement leave pay: common questions
Is bereavement leave paid in California?
Not by law. Government Code §12945.7 requires covered employers to give up to 5 days off after a family member dies, but it doesn’t require pay. If your employer has a paid bereavement policy, that policy applies. If not, the days may be unpaid, and you may use vacation, personal leave, accrued and available sick leave, or comp time to get paid.
Can my employer make me use vacation or PTO for bereavement leave?
The law describes using vacation, personal leave, sick leave or comp time as something you “may” do for unpaid bereavement days. It doesn’t say whether an employer can require it. If your employer insists, ask for its policy in writing, and talk with a lawyer if something seems wrong.
Is there a limit on how many bereavement leaves I can take in a year?
CRD’s FAQ says you can take up to 5 days for each covered family member who dies, so someone who loses a parent, a child and a grandparent in the same year can take three separate leaves. Pay for each follows the same rules. From 2027, your employer may limit you to one “designated person” every 12 months.
Can I be fired for taking unpaid bereavement leave?
No. Your employer may not refuse the leave, interfere with it, or fire, demote, suspend or otherwise punish you for taking it, paid or not. You generally have 3 years to file a complaint with the California Civil Rights Department.
Keep reading
Sources
- Gov. Code §12945.7 (Justia, 2025 code)
- Gov. Code §12945.7 (California Public Law)
- CRD: Bereavement Leave FAQ (AB 1949)
- Labor Code §246.5 (paid sick leave uses)
- Labor Commissioner: Paid sick leave FAQ
- Gov. Code §19859.3 (state employee bereavement leave)
- Gov. Code §3513 (state employee definition)
- OPM: Sick leave for family care or bereavement
- Labor Commissioner: How to file a wage claim
- Labor Commissioner: Personnel files and records
- Gov. Code §12960 (CRD filing deadline)
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.
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