In this guide9 sections
- Key takeaways
- Your right to bereavement leave in California
- What retaliation after bereavement leave looks like
- Other laws that may protect you
- What you can recover
- Steps to take if you were punished for taking bereavement leave
- Deadlines
- Frequently asked questions
- Talk to a California employment lawyer
No. If you work for a California employer with five or more employees and have been there at least 30 days, you have a legal right to up to five days of bereavement leave when a covered family member dies, and your employer can’t punish you for using it. Firing, demoting, writing you up or cutting your hours because you took bereavement leave can violate Government Code §12945.7, part of California’s Fair Employment and Housing Act (FEHA). You can file a complaint with the Civil Rights Department (CRD) and, in many cases, sue for lost pay and other damages.
Key takeaways
- Employers with 5 or more employees must allow up to five days of bereavement leave per death of a covered family member, for employees with at least 30 days on the job.
- The leave doesn’t have to be taken all at once, but it must be finished within three months of the death.
- Your employer may ask for proof of the death within 30 days of your first day of leave, but can’t require it before you go.
- Retaliating against you for requesting or taking bereavement leave, or interfering with it, is an unlawful employment practice.
- CRD complaints generally must be filed within three years of the retaliation.
Your right to bereavement leave in California
Since January 1, 2023, Government Code §12945.7 has required most California employers to provide bereavement leave. The basics:
| Rule | What the law says |
|---|---|
| Covered employers | Private employers with 5 or more employees, plus the state and local public employers |
| Eligible employees | Employed at least 30 days before the leave begins |
| Amount | Up to 5 days per death of a covered family member |
| Covered family members | Spouse, child, parent, sibling, grandparent, grandchild, domestic partner and parent-in-law |
| Timing | Days need not be consecutive; must be completed within 3 months of the death |
| Pay | Follows any existing employer policy; otherwise may be unpaid, but you may use vacation, personal leave, accrued sick leave or comp time |
| Documentation | If requested, due within 30 days of the first day of leave: a death certificate, obituary, or written verification from a mortuary, funeral home, religious institution or government agency |
| Confidentiality | Your employer must keep your request and documents confidential |
According to the CRD’s bereavement leave FAQ, each covered death carries its own five days. If your employer’s policy gives fewer than five days, you still get five, with the rest unpaid unless you use other available leave. Bereavement leave is also separate from, and doesn’t reduce, leave under the California Family Rights Act (CFRA).
Some unionized workers are covered by a collective bargaining agreement instead, but only if the agreement provides bereavement leave equivalent to the statute and meets certain wage and working-condition requirements.
What retaliation after bereavement leave looks like
Section 12945.7 makes it unlawful to refuse covered leave, to interfere with your right to take it, and to retaliate against you for taking it or for giving information or testimony about it. Retaliation includes firing, demoting, suspending or otherwise discriminating against you. Common warning signs include:
- A termination or layoff soon after you return
- Sudden write-ups for minor issues that were never a problem before
- Reduced hours, worse shifts or lost duties
- Comments about your “lack of commitment” or “too much time off”
- Being passed over for a promotion or raise you were on track for
- Pressure not to take the leave, or being told it will “count against you”
Timing alone doesn’t prove retaliation, but a close link between your leave and a bad decision, especially combined with shifting explanations or a sudden change in how you’re treated, can be strong evidence. Our guide to retaliation claims in California explains how these cases are proven.
Example (hypothetical): Alex has worked at a 12-person restaurant for four months when his father dies. He takes three days right away and two more a month later for a memorial service out of state. When he returns, his manager cuts his shifts in half and writes him up for being “unreliable,” citing only the bereavement days. Those facts may support a claim for retaliation and interference under §12945.7.
Other laws that may protect you
- Reproductive loss leave. A separate law, Government Code §12945.6, gives up to five days of leave after a miscarriage, stillbirth, failed adoption, failed surrogacy or unsuccessful assisted reproduction, with similar anti-retaliation rules. See reproductive loss leave in California.
- Disability protections. If grief leads to a diagnosed condition such as depression or anxiety that limits a major life activity, FEHA may require your employer to engage in the interactive process and consider reasonable accommodations, such as a modified schedule or additional time off.
- CFRA and FMLA leave. If your own serious health condition keeps you from working, you may qualify for job-protected medical leave. CFRA requires more than 12 months of service and 1,250 hours in the prior year with an employer of 5 or more. See FMLA and CFRA leave rights.
- Paid sick leave. You can choose to use accrued sick leave to be paid for bereavement days. More in our paid sick leave guide.
- Wrongful termination. A firing that violates a statute like §12945.7 may also support a claim for wrongful termination in violation of public policy. See wrongful termination.
What you can recover
A successful FEHA retaliation claim may include lost wages and benefits (back pay and, in some cases, future lost pay), reinstatement, emotional distress damages, punitive damages where the employer acted with malice, oppression or fraud, and attorney’s fees and costs. What is available depends on the facts of your case.
Steps to take if you were punished for taking bereavement leave
- Write down the timeline. Note the date of the death, when you asked for leave, the days you took and every change at work afterward.
- Keep your documents. Save your leave request, any approval or denial, write-ups, schedules, pay stubs and messages. Keep the documentation you gave your employer about the death.
- Request your records. You can ask for your personnel file and payroll records. See how to request your personnel file.
- Report it in writing. If it feels safe, tell HR in writing that you believe you’re being treated differently because of your bereavement leave. Keep a copy.
- Don’t sign anything in a hurry. If you’re offered a severance agreement, you’re entitled to time to review it and to consult a lawyer.
- Watch the deadline. File with the CRD before time runs out (see below).
Deadlines
| Step | General deadline |
|---|---|
| Take your bereavement leave | Within 3 months of the family member’s death |
| Provide documentation, if requested | Within 30 days of your first day of leave |
| File a CRD complaint | Within 3 years of the retaliation |
| File a lawsuit after a right-to-sue notice | Within 1 year of the notice |
You can file with the CRD yourself or request an immediate right-to-sue notice if you plan to go to court. The CRD complaint process page explains both routes, and our guide covers how to file a CRD complaint and get a right-to-sue notice.
Frequently asked questions
Does my employer have to pay me for bereavement leave?
Not unless it has a policy that provides paid leave. If the leave is unpaid, you may use vacation, personal leave, accrued sick leave or comp time to be paid.
Can my employer make me show a death certificate before I leave?
No. Your employer may ask for documentation, but you have 30 days from your first day of leave to provide it. An obituary or written verification from a mortuary, religious institution or government agency also works.
What if I lost more than one family member this year?
Each covered death gives you up to five days, so two losses in the same year can mean two separate five-day periods.
My employer has only four employees. Am I covered?
Generally no, under §12945.7, which applies to employers with five or more employees. Other protections may still apply, so the details matter.
Is a cousin, aunt or close friend covered?
Not under the statute. Your employer may choose to give leave for other relationships, and some policies do.
Talk to a California employment lawyer
Employees First Labor Law represents workers exclusively in retaliation, leave and other employment cases across California. We offer free virtual consultations to review what happened after your leave and your options. Contact us online or call (310) 853-3461.
This article is general information about California law as of 2026, not legal advice for your situation. Reading it does not create an attorney-client relationship.
