California has enacted Senate Bill 1149, expanding the state’s bereavement leave law by allowing employees to take protected bereavement leave for the death of a designated person, including certain extended family members and individuals whose relationship is equivalent to a family relationship. The law takes effect January 1, 2027.
The legislation amends California’s existing bereavement leave protections and broadens the definition of “family member” used for purposes of bereavement leave.
Background
Under existing California law, covered employers with five or more employees generally must permit eligible employees to take up to five days of bereavement leave following the death of a family member. Prior to SB 1149, the law defined family member to include a:
- Spouse;
- Child;
- Parent;
- Sibling;
- Grandparent;
- Grandchild;
- Domestic partner; or
- Parent-in-law.
SB 1149 expands those protections by adding a new category of covered individuals.
New “Designated Person” Category Added
Effective January 1, 2027, a covered employee may take bereavement leave following the death of a designated person.
The law defines a designated person as “Any individual related to the employee by blood or whose association with the employee is the equivalent of a family relationship.”
This change expands bereavement leave eligibility beyond traditional family relationships and may include extended relatives such as aunts, uncles, cousins, or individuals with significant family-like relationships.
Employee Designation Rules
Under SB 1149, employees may identify their designated person at the time they request bereavement leave.
To address potential administrative concerns, the law permits employers to limit an employee to one designated person per 12-month period for purposes of bereavement leave.
No Change to Amount of Leave
SB 1149 does not increase the amount of bereavement leave available to employees. Eligible employees remain entitled to:
- Up to five days of bereavement leave;
- Leave that may be taken non-consecutively; and
- Leave that generally must be completed within three months of the family member’s or designated person’s death.
The legislation also does not alter existing rules regarding whether the leave is paid or unpaid. Bereavement leave generally remains unpaid unless paid leave is otherwise available under employer policy or the employee elects to use available paid leave balances.
Documentation Rights Remain
SB 1149 does not eliminate an employer’s ability to request documentation supporting a bereavement leave request. Employers may continue to request documentation of the death, consistent with existing law.
Alignment with Other California Leave Laws
The expansion is consistent with California’s broader trend toward recognizing “designated persons” and nontraditional family relationships in leave laws. Supporters of the legislation noted that the change brings bereavement leave more closely in line with other California leave programs that already recognize designated or chosen family relationships.
Employers Impacted
The law is particularly relevant for:
- California employers with five or more employees;
- HR and leave administrators;
- Employee handbook and policy managers; and
- Employers maintaining bereavement leave policies.
Employer Takeaway
Before January 1, 2027, California employers should review and update bereavement leave policies, leave request forms, and employee handbooks to reflect the expanded definition of family member. Employers should also consider whether they will exercise their right to limit employees to one designated person during a 12-month period and ensure managers understand how the new designated-person provision will be administered.