Not All Grief Is Protected: The Gap in California’s Bereavement Leave Law

Losing someone you love affects every part of your life, and grief can make even getting through the workday feel overwhelming. However, some California workers are unable to take the time away from work they need to grieve because their family member is not recognized under California’s bereavement leave law. In California, though employees can take job-protected leave to care for a chosen or extended family member, they have no legal right to bereavement leave if that same family member passes away.

Current California law does not protect the right of workers to take bereavement leave for extended or chosen family, meaning people that are like family regardless of biology or legal recognition. As it stands, California’s bereavement leave law does not meet the reality of workers’ lives. This disproportionately impacts immigrants, older adults, and LGBTQ+ workers, who are more likely to have deep ties to chosen and extended family.

California already protects bereavement leave for some family members, and California caregiving laws already recognize chosen and extended family. In 2022, AB 1949 (Low) established an important baseline protection, guaranteeing workers up to five days of unpaid, job-protected leave to grieve the death of an immediate family member. That same year, AB 1041 (Wicks) amended the California Family Rights Act to extend unpaid, job-protected caregiving leave to a ‘designated person,’ defined as someone related by blood or whose relationship with the employee is akin to that of a family member.

SB 1149 would build on these protections and fill a critical need for Californians by allowing workers to take job-protected leave following the death of a “designated person” who is a chosen or extended family member. Expanding bereavement leave protections to include chosen and extended family would allow all workers the time they need to grieve and honor culturally specific mourning practices. It would also create more clarity for both workers and employers by aligning family definitions for bereavement leave with other state sick and family leave laws.

All families deserve to be recognized and supported in times of loss. SB 1149 would make California bereavement leave more equitable by creating a cohesive and equitable framework that reflects the full diversity of family structures and protecting those communities who are most likely to rely on these relationships for care and support.

Take action to show your support for SB 1149 by heading to the Stronger CA Action Center below.