California Bereavement Leave Law (2026)

Whether California requires time off to grieve and handle a death, how many days, and whether that time is paid.

Leave required Verified Jul 6, 2026

Compiled and verified by David Scott · Verified Jul 6, 2026

California requires employers with 5 or more employees to give up to 5 days of bereavement leave for the death of a family member. It is unpaid, though you may use accrued vacation or PTO, and you must have worked at least 30 days. A separate law adds up to 5 days for reproductive loss.

Bereavement leave in California

Required?

Yes

How much

Up to 5 days

Paid?

Unpaid (may use PTO)

Applies to

5+ employees

Good to know

Even where the law does not require it, most employers offer some bereavement leave, commonly three to five days for an immediate family member. If your state has no mandate, you may be able to use paid sick leave, PTO, or, if the loss affects your health, the federal FMLA. Ask your employer what their written policy allows. This is general information, not legal advice.

Common questions

California bereavement leave FAQ

Does California require bereavement leave?

Yes. California requires employers with 5 or more employees to give up to 5 days of bereavement leave for the death of a family member. It is unpaid, though you may use accrued vacation or PTO, and you must have worked at least 30 days. A separate law adds up to 5 days for reproductive loss.

How many days of bereavement leave do you get in California?

Up to 5 days per the state law. California requires employers with 5 or more employees to give up to 5 days of bereavement leave for the death of a family member. It is unpaid, though you may use accrued vacation or PTO, and you must have worked at least 30 days. A separate law adds up to 5 days for reproductive loss.

Is bereavement leave paid?

In California, the leave is: Unpaid (may use PTO).

Does the FMLA cover bereavement?

Not directly. The federal FMLA does not give time off simply to grieve, but it can apply if the loss leads to a serious health condition, such as depression, that needs treatment.

David Scott

David Scott compiles and verifies minimum wage rates, tipped wages, and overtime rules from official state and federal labor department sources, and re-checks every page when rates change. See how the data is sourced.