California bereavement leave will include designated persons

California bereavement leave policies will soon reflect the reality that an employee’s closest relationships do not always fall within traditional definitions of family. Gov. Gavin Newsom signed a bill allowing eligible employees to take bereavement leave following the death of a designated person whose relationship with the employee is equivalent to that of a family member.

Current law requires employers with at least five employees to provide eligible workers with up to five days of bereavement leave following the death of a family member. SB 1149 expands the definition of family member to include a designated person.

The law defines a designated person as either:

• An individual related to the employee by blood; or
• An individual whose association with the employee is equivalent to a family relationship.

Employees may identify a designated person when requesting leave, although employers may limit employees to one designated person during a 12-month period.

The amendment does not increase the amount of leave available. Eligible employees continue to be entitled to up to five days of bereavement leave, which may be taken on nonconsecutive days within three months of the death. SB 1149 also leaves existing pay and documentation requirements unchanged. Leave may be unpaid unless an employer provides paid leave under its policies or the employee elects to use available paid time off.

The amendment takes effect January 1, 2027. Before then, covered employers should review their bereavement leave policies and procedures to ensure they reflect the expanded definition of family member. Employers also should consider establishing a process for employees to designate an individual for bereavement leave purposes.