Bereavement Leave
4
Do I have to take my bereavement leave all at once?
CRD-E17P-ENG / March 2023
No, but you must complete your leave during the three months after the death of the
person for whom you are taking leave. For example, following the death of a parent,
you could take three days of leave immediately and then take two days o from work
two months later.
5
Does my employer have to let me return to work after bereavement
leave?
Yes. It is unlawful for your employer to discriminate or retaliate against you because
you requested or used bereavement leave. An employer is prohibited from terminating,
demoting, suspending, or taking other adverse actions toward you because you
requested or used bereavement leave. Employers also cannot take negative action
against you if you provide information or make a complaint to CRD about you or your
coworker’s request for bereavement leave.
6
Am I limited to taking bereavement leave for only one death per year?
No. You are entitled to take up to five days of bereavement leave upon the death of
each family member (as defined in question 2). For example, an employee who loses a
parent, child, and grandparent within the same year can take three five-day periods of
bereavement leave during that year.
7
If I take bereavement leave, will that reduce the amount of time that I
can take for other types of protected leave from work?
No. Bereavement leave is separate from, and in addition to, your right to take other
types of protected leave from work. In addition to bereavement leave, eligible California
employees are entitled to up to 12 weeks of leave from work to care for their own
serious heath condition, a family member with a serious health condition, or to bond
with a new child (commonly known as California Family Rights Act Leave or CFRA
Leave). Additionally, eligible California employees are entitled to up to four months of
leave when they are disabled by pregnancy, childbirth, or a related medical condition
(commonly known as Pregnancy Disability Leave). For more information about these
types of leave, visit: https://calcivilrights.ca.gov/family-medical-pregnancy-leave.
8
Does my employer have to pay me during bereavement leave?
Not unless you use other paid leave available.
Although covered employers are required
to grant up to five days of bereavement leave, the law does not require that employers pay
you for this leave time. However, many employers have paid bereavement leave policies, so
be sure to check with your employer about any existing policy that they may have in place.
Also, if your employer does not provide paid bereavement leave but you have available sick
leave, vacation, personal leave, or other types of paid leave, your employer is required to
allow you to use that leave so you can receive pay during your bereavement leave.