Effective January 1, 2027, California employees will have the right to take bereavement leave for a chosen family member.
SB 1149 will amend the California Family Rights Act (CFRA) to add “designated person” to the definition of family member for bereavement leave purposes. Employees (with at least 30 days of employment) with a covered employer (5+ employees) can request up to five days of unpaid bereavement leave for the death of a family member or “designated person.”
A designated person can be any “any individual related to the employee by blood or whose association with the employee is the equivalent of a family member.” This definition is consistent with changes made back in 2023 to California’s sick leave and CFRA leave requirements.
Notably, no pre-designation is necessary; rather the “designated person” can simply be identified by the employee at the time of the leave request. The leave must be taken within three months of the death, and the time off doesn’t have to be consecutive days. An employer can require a death certificate within 30 days of the leave request (but be consistent if you ask for proof).
The employer can limit an employee to one designated person per 12-month period. There is a CBA carve out under specified circumstances.
Employees requesting such time off cannot be disciplined for taking the time, even if they have no available vacation, sick leave or personal leave available, and the time is unpaid.
Employers will need to amend their bereavement policies for 2027, and train their HR teams and managers accordingly.
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