Wednesday, October 28, 2026
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TotalSource - WFN (State Alerts)
Key Takeaways
Impacted Employers: Employers with five or more employees.
Effective Date: January 1, 2027
Summary: California has enacted legislation expanding the state's bereavement leave law to entitle eligible employees to take bereavement leave upon the death of a "designated person" identified by the employee. While the law does not increase the amount of leave available, it broadens the relationships that may qualify an employee for bereavement leave.
Next Steps: Covered employers should review and update their bereavement leave policies before January 1, 2027 to reflect the expanded bereavement leave requirement.
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The Details
Background
Under California law, eligible employees are entitled to use up to five days of bereavement leave upon the death of a family member. The days of bereavement leave need not be consecutive, but the leave must be completed within three months of the date of death of the family member.
Currently, a family member is defined as a spouse or a child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law as these terms are defined here.
To be eligible for bereavement leave under the law, an employee must work at least 30 days for the employer before the start of the leave.
The bereavement leave requirement covers employers with five or more employees.
What’s Changing on January 1, 2027?
Effective January 1, 2027, the definition of family member under the bereavement leave law is amended to include a “designated person” identified by the employee.
The law defines a designated person as any individual related to the employee by blood or whose association with the employee is the equivalent of a family relationship.
The designated person may be identified by the employee at the time the employee requests the leave.
An employer may limit an employee to one designated person per 12-month period for bereavement leave.
The amendment doesn’t alter existing provisions allowing employers to request documentation of the death, such as a death certificate, obituary, or written verification from a funeral home, religious institution, or government agency.
Next Steps
Covered employers should:
- Update employee handbooks, leave policies, and related forms to include bereavement leave for a designated person.
- Review leave request procedures and determine how employees will identify a designated person when requesting leave.
- Train supervisors on the expanded eligibility requirements and the proper handling of bereavement leave requests.