Timing
No set notice period
The bereavement law does not set an advance-notice deadline or a required form. It simply makes it unlawful to refuse a covered employee’s request. Tell your employer as soon as you reasonably can.
Bereavement leave · Step by step
How to ask for bereavement leave in CaliforniaA few plain words are enough.
When someone you love has died, asking for time off should not add to the weight. Here is who qualifies, what to say, and what your employer can ask for.
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5daysOf leave for each family member’s death
3monthsTo use the days, counted from the death
30daysOn the job before your leave starts
30daysTo give proof of the death, if your employer asks
The short answer
To ask for bereavement leave in California, tell your employer that a family member has died, that you are requesting bereavement leave, and which days you plan to be out. If your employer has 5 or more employees or is a public employer, and you have worked there at least 30 days, you can take up to 5 days within 3 months of the death. The law sets no advance-notice period.
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
- Who can ask for bereavement leave in California
- When to tell your employer you need bereavement leave
- How to ask for bereavement leave: what to say
- What proof of death your employer may ask for
- Taking bereavement leave days at different times
- What to do if your employer says no
- Your bereavement leave request checklist
- Asking for bereavement leave: common questions
- Keep reading
Who can ask for bereavement leave in California
California’s bereavement leave law, Government Code §12945.7, makes it unlawful for a covered employer to refuse your request for up to 5 days off when a family member dies. You qualify when both of these are true:
- Your employer is covered. It has 5 or more employees, or it is a public employer, such as the state, a city or a county.
- You have worked there at least 30 days before the leave starts.
The law covers the death of a spouse, child, parent, sibling, grandparent, grandchild, domestic partner or parent-in-law. There is no age limit on “child,” so a grown son or daughter counts. See which family members count for the details, including step, foster and adoptive relationships.
Starting January 1, 2027: a “designated person”
A new law, SB 1149, adds a “designated person”: someone related to you by blood, or whose association with you is the equivalent of a family relationship. You may identify that person when you request the leave. Your employer may limit you to one designated person per 12-month period. Read more about SB 1149 and chosen family.
A few exceptions
- State employees covered by a separate law, Government Code §19859.3, follow that law instead.
- The law does not apply to you if you are covered by a union contract that expressly provides equivalent bereavement leave and meets certain wage and overtime rules, including a regular hourly rate at least 30% above the state minimum wage.
- A business with fewer than 5 employees is not covered. Our page on denied bereavement leave lists other options that may help.
If your loss was a miscarriage, stillbirth, failed adoption, failed surrogacy or unsuccessful assisted reproduction, a separate right to up to 5 days may apply. See reproductive loss leave.
When to tell your employer you need bereavement leave
The rules here are simpler than for most leave. This is what the law and the Civil Rights Department (CRD) say.
Policy
Follow your workplace’s call-in rules
CRD’s guidance says that if your employer’s policy requires you to tell human resources you are taking leave, you must keep following it. Your handbook usually says who to notify.
Proof
Paperwork can come later
CRD says you do not have to provide documentation before your leave begins. If your employer asks for it, you have 30 days from your first day of leave.
Record
Writing helps
A call or text is fine in the moment. A short follow-up email gives you a dated record of what you asked for and when.
How to ask for bereavement leave: what to say
You do not need to explain more than the basics. Copy a message below and change the details in [brackets].
Let your employer know
Reach your manager, or whoever your call-in policy names. Say who died, that you need bereavement leave, and which days you expect to be out. If you don’t know the funeral date yet, say so.
Copy this short text messageHi [Name], my [relationship, for example: mother] passed away [yesterday / on (date)]. I need to take bereavement leave starting [date]. I expect to be out [dates, up to 5 days]. I will send an email with details. Thank you, [Your name]
Follow up with a written request
Send a short email to your manager and HR. Mention the law by name so there is no confusion about what you are asking for, and offer to send documentation if they need it.
Copy this bereavement leave request emailSubject: Bereavement leave request Hi [Name], As I mentioned, my [relationship] passed away on [date]. I am requesting bereavement leave under California Government Code section 12945.7 for the following days: [dates, up to 5 days]. [If you plan to split the days:] I would like to take [number] days now and the remaining [number] days later, before [date that is within 3 months of the death]. I will confirm those dates as soon as I know them. If you need documentation of the death, please let me know. I will provide it within 30 days of my first day of leave. Please confirm that my leave is approved. Thank you, [Your name] [Job title] [Phone]
Ask to use PTO or sick leave so you are paid
The law requires pay only if your employer has a paid bereavement policy. If it doesn’t, the days may be unpaid, but the law says you may use vacation, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available to you. If a policy pays fewer than 5 days, you still get 5 days in total. More on pay in is bereavement leave paid.
Copy this email asking to use PTO or sick leaveSubject: Pay for my bereavement leave Hi [Name], Thank you for approving my bereavement leave for [dates]. [If the company has a paid bereavement policy:] Please apply our paid bereavement leave policy to these days. For any days that are not paid under a bereavement policy, I would like to use my [vacation / personal leave / accrued sick leave / compensatory time off]. California Government Code section 12945.7 says an employee may use vacation, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available to the employee. Please let me know which days will be paid and from which balance. Thank you, [Your name]
Send proof only if you are asked
If your employer asks for documentation, send it within 30 days of your first day of leave. The next section lists what counts. Keep a copy of everything you send and receive, including screenshots of texts.
What proof of death your employer may ask for
Your employer may ask for documentation of the death. If it does, you provide it within 30 days of your first day of leave. CRD says you do not have to provide it before your leave begins.
The law lists examples of documents that work. The list is not exhaustive:
- a death certificate;
- a published obituary; or
- written verification of death, burial or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution or government agency.
A death certificate can take time to arrive. Because the law accepts other documents, an obituary or a letter from the funeral home may be easier to get first.
Your employer must keep your request to itself
The law requires your employer to keep your request in confidence. Any documentation you give must be kept the same way and shared only with internal personnel or counsel as necessary, or as required by law. That means your paperwork should not be passed around the workplace.
Taking bereavement leave days at different times
Your 5 days do not have to be in a row. They do have to be completed within 3 months of the death. Tap the situation closest to yours.
The funeral or memorial is weeks away
You can take a day or two now and save the rest for the service, as long as all of the days fall within 3 months of the death. Tell your employer the later dates in writing once you know them.
You want a few days now and a few later
CRD’s guidance gives this exact example: three days right after a parent’s death, and two more days later. Splitting the days does not reduce the total.
You need to travel
The law does not add travel days, so place your 5 days around the trip. Any extra time depends on your employer’s policies or on paid time you ask to use.
You have lost more than one person
CRD’s guidance says each covered family member’s death brings its own entitlement, so a second loss in the same year comes with its own 5 days. From January 1, 2027, an employer may limit you to one designated person per 12 months, but that limit is only for designated persons.
The 3 months are almost up
The leave must be completed within 3 months of the date of death. Days after that are not protected by this law, so ask for any later days early.
What to do if your employer says no
A refusal is upsetting, especially now. A few calm steps protect you.
Ask for the reason in writing
If the no came in person or by phone, write down the date, who said it and the words used. Then send a short, polite email that restates your request and the law, and asks for a written answer.
Copy this email after a refusalSubject: My bereavement leave request Hi [Name], On [date], I asked for bereavement leave for [dates] after the death of my [relationship] on [date]. On [date], I was told [what you were told]. California Government Code section 12945.7 makes it unlawful for a covered employer (one with 5 or more employees, or a public employer) to refuse a request for up to 5 days of bereavement leave after the death of a family member by an employee who has been employed there at least 30 days before the leave begins. I have worked here since [start date]. Please confirm in writing that my leave is approved, or explain the reason for the denial. Thank you, [Your name]
Keep the records
Save the refusal, your requests, your handbook’s leave and attendance policies, and any points or write-ups tied to your absence.
Know your deadlines and options
A refusal, interference or punishment for taking the leave can be the basis of a complaint with CRD, generally within 3 years. Our guide to denied bereavement leave covers what counts, how to get your personnel file and payroll records, and how to file. If you were fired afterward, see retaliation after bereavement leave.
Your bereavement leave request checklist
Tick these off as you go. There is no need to do them all today.
Asking for bereavement leave: common questions
How much notice do I need to give for bereavement leave in California?
The bereavement leave law does not set a notice period. It makes it unlawful for a covered employer to refuse your request for up to 5 days. CRD’s guidance says to follow your employer’s policy if it requires you to tell human resources you are taking leave. Tell your employer as soon as you reasonably can, and confirm it in writing.
Do I have to show a death certificate to get bereavement leave?
Not before your leave starts. If your employer asks for documentation, you have 30 days from your first day of leave to provide it. A death certificate works, but so do other documents, such as a published obituary or written verification from a funeral home, mortuary, crematorium, religious institution or government agency.
Can I use sick leave for a funeral in California?
California’s paid sick leave law lists specific uses, such as health care and certain needs of crime victims, and does not list funerals. But the bereavement leave law says that during bereavement leave you may use vacation, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available to you. So if you qualify for bereavement leave, you can ask to be paid from your sick leave balance.
Do my bereavement leave days have to be in a row?
No. The law says the days do not have to be consecutive. They must be completed within 3 months of the date of death. You could take a few days right away and save the rest for a memorial service later, as long as everything falls inside that window.
What if I have worked at my job for less than 30 days?
The state law covers employees who have been employed at least 30 days before the leave begins. If you are newer than that, the state law may not cover you, but you can still ask. A company bereavement policy or a union contract may give you time off even when the state law does not.
Does bereavement leave cover a miscarriage or stillbirth?
A miscarriage or stillbirth is covered by a separate right, reproductive loss leave, which gives up to 5 days under Government Code §12945.6. Pregnancy disability leave can cover recovery. See also stillbirth leave. The bereavement law does not say whether a stillborn baby counts as a “child,” so that is an open question. The death of a baby born alive is the death of a child under the bereavement law.
Keep reading
Sources
- Gov. Code §12945.7 (bereavement leave)
- Gov. Code §12945.7 (Justia)
- CRD: Bereavement leave FAQ
- SB 1149 (2026), chaptered text
- Gov. Code §12945.6 (reproductive loss leave)
- Labor Code §246.5 (paid sick leave uses)
- Labor Commissioner: Paid sick 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.
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