Grieving Is Human — Retaliation Is Illegal
Taking time to mourn the death of a loved one is one of life’s most personal and painful experiences. But what happens when your employer uses that vulnerable moment against you? If you were fired, demoted, or harassed after taking bereavement leave, you may be a victim of illegal retaliation under California law.
At Employees First Labor Law, we help California workers stand up against mistreatment — especially when it comes during their most difficult times. We’ve seen employers weaponize policies, twist justifications, and retaliate against grieving employees. We don’t let them get away with it.
👉 Learn more about retaliation claims here
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California’s Bereavement Leave Law: What You Should Know
Since January 1, 2023, California requires many employers to provide bereavement leave under Government Code § 12945.7.
Who’s Covered?
- Employers with 5 or more employees
- Employees who have worked at least 30 days prior to the leave
- Death of a family member: spouse, child, parent, sibling, grandparent, grandchild, or domestic partner
Your Rights Include:
- Up to 5 days of leave per death
- Use of accrued paid time off (PTO) if desired
- Completion of leave within 3 months of the death
- Protected status: Employers may not retaliate or discriminate against you for using bereavement leave
Even if the time off is unpaid, you cannot be punished simply for using it.
What Retaliation Looks Like After Bereavement Leave
Retaliation doesn’t always come as an obvious firing. Sometimes it’s subtle — and often employers make up excuses to disguise it.
Common examples include:
- “Coincidental” layoff after you return from leave
- Suddenly being written up for minor infractions
- Loss of job responsibilities or exclusion from meetings
- Hostile comments about your “lack of dedication” or “too much time off”
- Being skipped for a promotion or raise
Retaliation may also take the form of emotional pressure — subtle punishment meant to discourage you from ever asserting your rights again.
Is Retaliation After Bereavement Leave Illegal?
Yes — California law explicitly prohibits retaliation for exercising bereavement leave rights. Labor Code Section 12945.7 states that an employer “shall not retaliate or discriminate” against an employee for requesting or taking protected bereavement leave.
Retaliation may also violate:
- The California Fair Employment and Housing Act (FEHA) if it’s tied to grief-related disability (e.g., anxiety, depression)
- Labor Code § 1102.5, if you spoke up about illegal workplace practices
- Wrongful termination laws, if you were fired in violation of public policy
👉 Explore our Wrongful Termination page
🧠 Mental Health After Loss: Another Layer of Protection
Many people experience grief-related conditions like:
- Major depressive disorder
- Anxiety and panic attacks
- PTSD or trauma symptoms
If your bereavement led to a temporary or long-term mental health condition, you may be entitled to:
- Reasonable accommodations under FEHA
- Medical leave under CFRA or FMLA
- Workers’ compensation if the retaliation caused psychological harm
👉 How to Request a Reasonable Accommodation at Work
👉 Learn about workers’ compensation stress claims
What Damages Can You Recover for Retaliation?
If you succeed in a retaliation claim, you may be eligible to recover:
- Lost income and benefits
- Reinstatement (if you were wrongfully terminated)
- Compensation for emotional distress
- Punitive damages for intentional misconduct
- Attorneys’ fees and legal costs
Some employees also secure confidential settlements that include changes to company policies and additional protections for future workers.
What Should You Do If You Suspect Retaliation?
- Write everything down. Keep notes of dates, conversations, and any changes in your work situation.
- Save emails, texts, and HR paperwork. These may show timing and motive.
- Speak to a lawyer. Do not wait for HR to “handle it internally.”
- Act fast. California has strict deadlines for filing complaints and lawsuits.
You’ve already dealt with a personal tragedy — you shouldn’t have to deal with legal injustice alone. Let EFLL take it from here.
EFLL: California’s Top Retaliation & Employee Rights Firm
At Employees First Labor Law, we’ve helped thousands of California workers protect their rights — and recover what they’re owed. If you were mistreated after taking bereavement leave, you deserve an advocate who will treat your case with care, urgency, and grit.
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