Navigating Bereavement Leave Requirements in California

By:  Leiann Laiks, Esq.

As of January 1, 2023, California law extends the provision of bereavement leave to private employers with five or more employees, offering up to five days of leave to eligible individuals.

Exceptions to Note:

  • Short-Term Employment: Employers are not obligated to provide bereavement leave to individuals who have worked for them for fewer than 30 days.
  • Collective Bargaining Agreements: Employees covered under a collective bargaining agreement are exempt from AB 1949 if the agreement includes provisions for:
    1. A bereavement leave policy providing at least five days of leave.
    2. Regulation of working conditions, hours, and wages.
    3. Premium wages for overtime and a regular hourly wage exceeding 1.3 times the minimum wage.
  • State Employees: State employees eligible for bereavement leave under Government Code section 19859.3.1 are not subject to AB 1949.


Ensuring Compliance:

Businesses should review their policies and practices to ensure compliance with California’s bereavement leave requirements. This includes assessing employee eligibility, providing the mandated leave duration, and honoring any collective bargaining agreements in place. 


Strategy Law – Your premier choice for Employment Law representation in San Jose

When it comes to navigating the intricate landscape of California’s employment laws, Strategy Law stands out as the top choice for discerning clients in San Jose. Our seasoned team of employment law attorneys specializes in providing comprehensive legal assistance tailored to your specific needs. Whether you’re seeking guidance on employment contracts, refining workplace policies, or resolving disputes, our experts are here to offer personalized solutions and expert advice. With Strategy Law, you can trust that your rights and interests will be safeguarded every step of the way. 

Contact us today for unparalleled representation in all your employment-related matters.

Trust the leading San Jose business lawyer team at Strategy Law to safeguard your rights and interests in all employment-related matters.

Leiann Laiks is the leader of Strategy Law’s employment law practice area

This blog is written as of April 2024.  Recommendations and legal requirements are changing rapidly, so please continue to review our legal updates or review postings on relevant government websites

All blogs on this site are for educational purposes only, do not constitute legal advice or opinion, and should not be applied to your situation, or any specific situation, without consultation with counsel. Strategy Law, LLP does not provide any legal advice concerning any matter discussed in a blog except upon formal engagement including, without limitation, execution of Strategy Law, LLP’s formal legal services agreement, and with respect to specific factual situations.  No blog constitutes a guaranty, warranty, or prediction regarding the result of any legal matter discussed in the blog or any representation.