CA Bereavement Leave as of January 2023

Starting Jan 1, 2023, employers with five or more employees must abide by new bereavement leave provisions. This is due to an amendment that was made to California Family Rights Act (CFRA) on September 29, 2022. This modification included the implementation of Assembly Bill No. 1949 (AB-1949). Under this bill, eligible employees may take up to five days of bereavement leave as a result of the death of a family member.



The following information outlines the implications of a bereavement leave:

  • A leave must be completed within three months of the dated death
  • Leave may be unpaid however, employees are entitled to use other leave balances, such as available sick leave
  • Days taken for leave are not required to be taken consecutively
  • The leave must be taken in accordance with any current leave policy, with the assurance that the employee is granted no less than five days of bereavement leave.
  • An employee must provide documentation of the death of a family member within 30 days of the first leave if requested by an employer.
  • A covered employer is required to maintain confidentiality regarding the employee’s request and documentation for bereavement leave.


This Bereavement Leave Update is provided for informational purposes only and should not be construed as legal or a recommendation of any kind. While we have attempted to provide current, accurate, and clearly expressed information, this information is provided “as is,” and MNJ Insurance Solutions makes no representations or warranties regarding its accuracy and completeness.