Bereavement Leave Orange County: What You Need to Know

By Chris Heikaus Weaver

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Employment Laws

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Last Modified on Nov 01, 2025

Losing a loved one is never easy, and you need time to properly grieve in the wake of loss. Whether you’ve expected a family member’s death and prepared for it or it came suddenly, it can be emotionally challenging. If you’ve been unfairly denied bereavement leave, Orange County residents can turn to the team at Aitken Campbell Heikaus Weaver, LLP.

California’s Bereavement Laws

Fortunately, California laws give you time away from work to focus on your family after a loss. In 2022, California passed Assembly Bill 1949, which granted workers job protection when taking bereavement leave. The law gives you five days of protected leave following a family member’s death, but there are some important caveats to keep in mind.

One of the most important things to understand about California’s bereavement law is that it only ensures job protection, not pay. Only 27% of U.S. workers received paid family leave from private employers in 2023. California’s bill requires employers to grant leave, but that leave does not have to be paid. However, your job must allow you to use your accrued paid leave, such as sick days or PTO, but you are not required to use that time.

Who Qualifies for Bereavement Leave?

Not all employees qualify for bereavement leave, and not all employers are required to grant it. To qualify, you must be an employee of a business or organization that has five or more workers, and you must have worked for the company for at least 30 days. If you work for a company that has fewer than five employees, you are bound by its policies related to bereavement leave. Government employees are also covered by AB 1949.

To Which Family Members Do California’s Bereavement Laws Apply?

Orange County bereavement laws don’t apply to all family members, but California is relatively inclusive in who qualifies. If you’ve lost any of the following family members, you can receive bereavement leave:

• Children
• Spouses
• Parents
• Grandparents
• Grandchildren
• Siblings
• Parents-in-law
• Siblings-in-law
• Domestic partners

What to Do if Your Job Denies You Bereavement Leave

For qualifying employees, your job is protected for five days if you take bereavement leave. When you return, you must be fully reinstated to your same position or a similar role. If your job denies your bereavement leave, you have options to protect yourself and your job.

Start by contacting your company’s human resources department. They might be able to handle the matter internally. However, if that fails, your attorney can file a report with the state’s civil rights office. In 2023, there were 450 right-to-sue complaints for bereavement leave in California. An attorney can take your wage and hour dispute to court if your employer is unwilling to cooperate.

Hire a Wage and Hour Lawyer

Whether your employer has denied your bereavement leave, retaliated against you for taking time off, or violated other wage and hour laws, you have options to protect your rights. Hire a wage and hour lawyer from Aitken Campbell Heikaus Weaver, LLP to fight for you. Contact us today to discuss your case and learn how we can help.