California Expands Bereavement Leave to Extended and Chosen Family (SB 1149)

Governor Newsom signed SB 1149 on September 27, 2026, and starting January 1, 2027, California’s five-day bereavement leave will also cover the death of a “designated person,” meaning an extended relative or someone whose bond with you is the equivalent of family. Until now, the law has covered only a short list of close relatives.

The change matters for anyone whose family does not fit the standard list: the aunt who raised you, a cousin you grew up with, a lifelong best friend, or a partner you never formally registered. Under current law, an employer can refuse bereavement leave after those deaths. Beginning in 2027, it generally cannot.

This post covers what SB 1149 does, how bereavement leave works in California today, who counts as a designated person, what your employer can ask for, and what to do if you are denied leave or punished for taking it.

What happened

SB 1149, authored by Senator María Elena Durazo, was approved by the Governor on September 27, 2026 and chaptered as Chapter 679, Statutes of 2026. It amends Government Code section 12945.7, the bereavement leave law that took effect in 2023. The bill has no urgency clause, so it takes effect on January 1, 2027.

The bill adds a new defined term. A “designated person” is any individual related to the employee by blood, or whose association with the employee is the equivalent of a family relationship. You can identify the person when you request the leave. The bill then adds designated persons to the definition of “family member,” so the existing five-day right applies when a designated person dies. An employer may limit an employee to one designated person per 12-month period.

Supporters, including Equality California and other workers’ and family caregiving groups, described the bill as recognizing extended and chosen family. The same “designated person” concept has applied to California family leave and paid sick leave since 2023.

Question	Current law (through 2026)	Starting January 1, 2027
Whose death is covered?	Spouse, child, parent (including parent-in-law), sibling, grandparent, grandchild, domestic partner	All of those, plus a designated person: anyone related by blood or with a family-equivalent relationship
How much leave?	Up to 5 days per death	No change: up to 5 days
When must it be used?	Within 3 months of the death; days need not be consecutive	No change
Limits	None on the number of qualifying deaths	Employer may limit you to one designated person per 12 months
Which employers?	Private employers with 5 or more employees, plus public employers	No change

By the numbers5 days

What this means for California workers

If you have worked for your employer for at least 30 days and your employer has five or more employees, you will be able to take up to five days of bereavement leave after the death of someone who is family to you, even if the relationship is not on the traditional list. Think of an aunt, uncle, cousin, niece or nephew, a godparent, a stepsibling, or a close friend who was family in every way that counted.

The trade-off is the one-person cap. Your employer may limit designated-person leave to one person in any 12-month period. That cap applies only to designated persons. Leave for the death of a spouse, child, parent, sibling, grandparent, grandchild or domestic partner is not limited this way.

Nothing in SB 1149 changes how pay works. If your employer has a paid bereavement policy, you take leave under that policy. If it has no policy, the leave may be unpaid, but you can use vacation, personal leave, accrued sick leave or comp time you already have. If your employer’s policy gives fewer than five paid days, you still get five days total, with the rest unpaid unless you use other leave.

💡 Example: Jordan’s employer offers 3 days of paid bereavement leave. In February 2027, Jordan’s cousin, who he names as his designated person, dies. Jordan is entitled to 5 days in total: 3 paid under the policy and 2 more that can be unpaid or covered with his accrued vacation or sick time. He can spread the days out, as long as he uses all of them within three months of the death.

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How California law protects your bereavement leave

Under Government Code 12945.7, part of the Fair Employment and Housing Act (FEHA), it is an unlawful employment practice for a covered employer to refuse a request for up to five days of bereavement leave. It is also unlawful to fire, demote, suspend, fine or discriminate against you for using the leave, or for giving information or testimony about your own or someone else’s bereavement leave, and to interfere with or deny the right.

Your employer may ask for documentation of the death within 30 days of the first day of leave. Acceptable proof includes a death certificate, a published obituary, or written verification of death, burial or a memorial service from a mortuary, funeral home, crematorium, religious institution or government agency. Your employer must keep your request and documents confidential.

Bereavement leave is separate from leave under the California Family Rights Act. If a loved one is seriously ill before they die, you may have a right to up to 12 weeks of job-protected leave to care for them, which our page on FMLA and CFRA leave rights explains. California also gives up to five days of reproductive loss leave after a miscarriage, failed adoption or similar event, and you can use accrued paid sick leave to get paid for bereavement days your employer does not cover.

If your employer violates these rules, you can file a complaint with the California Civil Rights Department, generally within three years. Our guide on how to file a CRD complaint and get a right-to-sue notice walks through the process. SB 1149 is one of several changes in our roundup of new California employment laws for 2027.

What to do now

1. Check your employer’s policy. Look in your handbook for a bereavement policy and how many paid days it offers. Employers are expected to update policies for 2027.
2. Ask for leave in writing. A short email naming the person who died and your relationship creates a record. Starting in 2027, you can identify a designated person at the time you ask.
3. Use the days within three months. The days do not have to be in a row, which helps if a service is scheduled weeks later.
4. Keep documentation ready. Save a copy of the obituary, funeral program or a letter from the funeral home in case your employer asks within 30 days.
5. Decide which leave to use for pay. If your policy pays fewer than five days, ask to apply accrued vacation or sick leave to the rest.
6. Write down any pushback. If a manager refuses leave, discourages you from taking it or disciplines you afterward, note the date, the person and what was said.
7. Get advice. A denial or retaliation may support a FEHA claim. An employment lawyer can review the facts for free.

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Frequently asked questions

Is SB 1149 in effect now?

No. It was signed on September 27, 2026 and takes effect January 1, 2027. Until then, bereavement leave covers only the existing list of close family members.

Does my employer have to pay me for bereavement leave?

Only if it has a paid bereavement policy. Otherwise the leave can be unpaid, but you may use vacation, personal leave, accrued sick leave or comp time you have available.

Can my employer question whether someone was really like family to me?

The law defines a designated person broadly and lets you identify that person when you request leave. Your employer may ask for proof of the death, and it may limit you to one designated person per 12 months.

Does this apply to small businesses?

It applies to private employers with five or more employees and to public employers. You must have worked there for at least 30 days before the leave starts.

By the numbersJanuary 1, 2027

Sources

• California Legislative Information: SB 1149 (Chapter 679, Statutes of 2026), chaptered bill text
• Fisher Phillips: California expands bereavement leave to cover extended and chosen family
• Equality California: statement on SB 1149 signing

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