Legislative Update: Changes to Bereavement Leave
Attention employers: it’s that time of year again. In our next series of articles, we will be highlighting some of the key new laws signed by California Governor Newsom that may affect your workplace.
First out of the blocks is Senate Bill (SB) 1149. Effective January 1, 2027, this bill adds a “designated person,” defined as any individual related by blood or whose association with the employee is the equivalent of a family relationship, to the list of individuals for whom an employee may take up to five days of bereavement leave upon the death of such family member.
AB 1949 of 2022 adopted the original bereavement leave provisions granting workers up to five days of job-protected leave from work to grieve and to attend to logistical matters in the event of the death of a close family member, as defined. As a refresher, existing law:
· Makes it an unlawful employment practice for an employer to refuse to grant a request by any employee to take up to five days of bereavement leave upon the death of a family member.
o Note: Prior to SB 1149, “family member” meant a spouse or a child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law.
· Specifically regarding bereavement leave:
o The days of bereavement leave need not be consecutive.
o The bereavement leave shall be completed within three months of the date of death of the family member.
o The bereavement leave shall be taken pursuant to any existing bereavement leave policy of the employer, as specified.
o The employee, if requested by the employer, within 30 days of the first day of the leave, shall provide documentation of the death of the family member.
With regard to the notion of the “designated person”, AB 1041 of 2022, among other things, added a “designated person” to the list of individuals for whom an employee may take leave to care for under the California Family Rights Act (CFRA) and the Healthy Workplaces, Healthy Families Act of 2014 (Paid Sick Days). Similarly, SB 590 of 2025 will allow, beginning in 2028, wage replacement for a qualified worker to care for a designated person under the Paid Family Leave program. Following this trend, the Legislature has now added this same designation to bereavement leave.
Employers should be ready to adjust their company policies accordingly and to make the appropriate changes to their employee handbooks before the start of the new year. As the Governor deals with the myriad of bills on his desk this time of year, we will keep our readers apprised of any other notable changes affecting the area of employment law and that may require updates to handbooks. Rosasco Law Group is always available to help ensure your policies and handbooks are up to date. Call our office for a professional review today!
