As of January 1, 2023, California employers with five or more employees must allow employees up to five days of protected bereavement leave.

The law, which amends the California Family Rights Act (CFRA), makes it unlawful for an employer to refuse to grant an eligible employee bereavement leave upon the death of a family member. A “family member” is defined as a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law.

The five days of bereavement leave need not be consecutive but must be completed within three months of the date of death of the employee’s family member. The law does not contain a limit on the number of occurrences for which an employee can use bereavement leave.

Employers should review their policies now, ahead of the January 1, 2023, effective date. Please contact your employment counsel with questions.