Bereavement leave · Your rights
Denied bereavement leave in California?What the law says, and what to do.
Being told no while you are grieving is hard. Here is when a denial breaks California law, what to keep, and the deadlines that matter.
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The short answer
If your employer has 5 or more employees or is a public employer, and you had worked there at least 30 days before the leave was to begin, it is unlawful to deny your request for up to 5 days of bereavement leave after a family member’s death. Interfering with the leave, or firing, demoting, fining or suspending you for taking it, is also unlawful. You can generally file with the Civil Rights Department within 3 years.
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
- When denied bereavement leave breaks California law
- When a no may fall outside the bereavement law
- What to write down and keep after a denial
- Request your personnel file and payroll records
- How to file a bereavement leave complaint with CRD
- If your employer has fewer than 5 employees
- Denied bereavement leave: deadlines to watch
- Denied bereavement leave: common questions
- Keep reading
When denied bereavement leave breaks California law
California’s bereavement leave law, Government Code §12945.7, covers more than a flat no. Tap the one closest to what happened.
Your employer refused the leave
The law makes it an “unlawful employment practice” for a covered employer to refuse an eligible employee’s request to take up to 5 days of bereavement leave upon the death of a family member. The law has no exception for busy seasons or short staffing.
Your employer made the leave hard to take
It is also unlawful to “interfere with, restrain, or deny the exercise of, or the attempt to exercise,” your bereavement leave rights. That protects asking, not only taking. One example could be refusing to let you go until you show a death certificate: the law gives you 30 days from your first day of leave to provide documentation, and CRD says it is not required before the leave begins.
You got attendance points or a write-up
The bereavement law does not mention attendance or point policies by name. But it bars interfering with your leave, and it bars an employer from discharging, demoting, fining, suspending or otherwise discriminating against you for using it. Points for protected bereavement days that lead to a warning, a suspension or a firing may cross those lines. Keep a copy of the attendance record.
You were fired, demoted or suspended after your leave
A covered employer may not “refuse to hire, or to discharge, demote, fine, suspend, expel, or discriminate against” you because you used bereavement leave. The same protection covers giving information or testimony about your own or someone else’s bereavement leave in an inquiry or proceeding about these rights.
Retaliation after bereavement leaveYou were told your relative doesn’t count
The law covers a spouse, child of any age, parent, sibling, grandparent, grandchild, domestic partner and parent-in-law, using the family definitions in California’s family leave law. Those include stepchildren, stepparents, and adoptive and foster relationships. From January 1, 2027, a “designated person” is added.
Which family members countWhen a no may fall outside the bereavement law
Some refusals hurt but are not covered by §12945.7. Check where your situation fits.
Usually protected by §12945.7
- An employer with 5 or more employees, or a public employer of any size
- You had worked there at least 30 days before the leave began
- Up to 5 days for each family member’s death
- Days used within 3 months of the death, together or apart
- Asking to use vacation, personal leave, accrued and available sick leave or comp time during the leave
Outside this law
- A business with fewer than 5 employees (see below)
- State employees covered by a separate law, Gov. Code §19859.3
- Workers under certain union contracts that already give equivalent leave and meet wage rules
- More than 5 days for one death, unless your employer’s policy gives more
- Days taken after the 3-month window closes
What to write down and keep after a denial
Save your own copies of what you are allowed to keep. Do not take company files you are not permitted to have.
Request your personnel file and payroll records
These records can show what your employer wrote down about your leave and your pay. You can ask for both in one letter. Our guide to requesting your personnel file and payroll records has more detail.
Ask for your personnel file
Under Labor Code §1198.5, current and former employees have the right to inspect and receive a copy of their personnel records. Make the request in writing. Your employer must provide them within 30 calendar days of receiving it, or by a later date you both agree to in writing, up to 35 days. Your employer only has to answer one request per year from a former employee.
Ask for your payroll records
Under Labor Code §226, current and former employees can inspect or receive a copy of their payroll records. Your employer must comply as soon as practicable, and no later than 21 calendar days from your request. A spoken request counts, but writing gives you proof of the date. The employer may charge the actual cost of copies.
Send one letter for both
Email it, or mail it in a way that shows the date it arrived. Keep a copy.
Copy this records request letterSubject: Request for my personnel file and payroll records [Date] Dear [HR contact or employer name], Under California Labor Code section 1198.5, I request a copy of my personnel records. Under California Labor Code section 226(b), I request a copy of my payroll records. Please send the copies to [email address or mailing address]. Thank you, [Your full name] [Job title] [Dates you worked there] [Phone]
Mark the deadlines
If your employer misses either deadline, each law provides a $750 penalty that you or the Labor Commissioner may recover. Use the calculator below to count the days.
How to file a bereavement leave complaint with CRD
Bereavement leave is part of California’s Fair Employment and Housing Act, so complaints go to the Civil Rights Department (CRD). You can start online through CRD’s California Civil Rights System (CCRS), even if you don’t have all your information yet.
The deadline
In employment cases, CRD says you must submit an intake form within 3 years of the date you were last harmed. The law allows a short extension in narrow situations, such as learning the facts late, so it is safest not to count on one.
Investigation or right-to-sue
You do not have to use CRD’s investigation. If you plan to go to court, CRD says you must first get an immediate right-to-sue notice. After a right-to-sue notice, you generally have 1 year to file a lawsuit. Our page on CRD complaints and right-to-sue notices walks through each step.
If your employer has 5 to 19 employees
CRD runs a small employer family leave mediation program for these employers, and it covers bereavement leave claims. If you ask for an immediate right-to-sue notice on that claim, CRD tells you about the program in writing. Before you file a lawsuit on the claim, you must contact CRD’s dispute resolution division and say whether you want mediation.
If you or your employer asks for mediation within 30 days after the employer is notified, the lawsuit on that claim waits until mediation is complete or deemed unsuccessful, unless CRD does not start it on time. The time limit to sue is paused from when you contact the division until mediation ends.
If your employer has fewer than 5 employees
California’s bereavement leave law covers employers with 5 or more employees, and public employers. If you work for a business with fewer than 5 employees, §12945.7 does not give you a right to the leave. A few things may still help:
- Public jobs. The state, cities, counties and other public employers are covered no matter how many people they employ. State employees covered by Government Code §19859.3 follow that separate law.
- Your employer’s own policy. Check your handbook, offer letter or any written policy. An employer can offer bereavement time even when the law does not require it.
- A union contract. If you are in a union, your agreement may provide bereavement leave. Ask your steward.
- Paid sick leave, for health needs. California’s paid sick leave law has no general size limit for employers; it covers employees who work at least 30 days for the same employer within a year, after a 90-day waiting period to use it. It does not list funerals as a use. It does cover your own or a family member’s preventive care, or the diagnosis, care or treatment of an existing health condition. An employer may not deny you the right to use accrued sick days, or discharge, threaten to discharge, demote or suspend you for using them. See paid sick leave rights.
- Vacation or PTO you have earned. You can ask to use it. Whether it can be scheduled on short notice depends on your employer’s policy.
Denied bereavement leave: deadlines to watch
Enter the dates you have. Leave a box blank if it does not apply yet.
These dates are estimates for general information. Your real deadline depends on your facts. Talk with a lawyer well before any deadline.
Denied bereavement leave: common questions
Can my employer deny bereavement leave in California?
Not if the law covers you. An employer with 5 or more employees, or a public employer, cannot refuse an eligible employee’s request for up to 5 days after a family member’s death. You are eligible if you worked there at least 30 days before the leave began. The leave may be unpaid if your employer has no paid policy, but it cannot be refused.
Can I get attendance points for taking bereavement leave?
The law does not mention point systems by name. But it bars interfering with your bereavement leave, and it bars discharging, demoting, fining, suspending or otherwise discriminating against you for using it. If protected days were counted against you and led to discipline, keep the attendance record and talk with a lawyer about whether it crosses that line.
Can my employer demand a death certificate before I leave?
Your employer may ask for documentation of the death, and you provide it within 30 days of your first day of leave. CRD says you are not required to provide it before your leave begins. A death certificate is one option. Others include a published obituary and written verification from a funeral home, mortuary, crematorium, religious institution or government agency.
How long do I have to file a complaint for denied bereavement leave?
Generally 3 years from the date you were last harmed, filed with the Civil Rights Department. If you get a right-to-sue notice, you generally have 1 year from that notice to file a lawsuit. At employers with 5 to 19 employees, you must contact CRD’s dispute resolution division before filing a lawsuit on the bereavement leave claim.
What if my employer has fewer than 5 employees?
The state bereavement law does not cover businesses with fewer than 5 employees, though public employers are covered at any size. Check for a written company policy or a union contract, and ask about using vacation or other paid time you have earned. Paid sick leave can be used for your own or a family member’s health care, though the law does not list funerals as a use.
What if I was fired after taking bereavement leave?
Firing someone for using bereavement leave, or for giving information or testimony about it, is unlawful at covered employers. Timing often matters, so write down the dates while they are fresh. Our page on retaliation after bereavement leave explains how these cases work.
Keep reading
Sources
- Gov. Code §12945.7 (bereavement leave)
- Gov. Code §12945.7 (Justia)
- CRD: Bereavement leave FAQ
- CRD: Complaint process
- Gov. Code §12945.21 (small employer mediation)
- Gov. Code §12960 (CRD deadline)
- Gov. Code §12965 (lawsuit deadline)
- Labor Code §1198.5 (personnel records)
- Labor Code §226 (payroll records)
- Labor Code §246.5 (paid sick leave uses)
- Labor Commissioner: Paid sick leave
- SB 1149 (2026), chaptered text
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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