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Friday, April 24, 2026

California Starts Mandating Employee Bereavement Leave in 2023 ... - JD Supra

Further expanding generous protected employee leaves, California now will require most private employers to provide up to five days of bereavement leave for a covered family member’s death. Assembly Bill 1949, which Governor Newsom signed, takes effect on January 1, 2023.

Background on Bereavement Leave

Before this new law, employee bereavement leave depended entirely on an employer’s policy. California law has not required that private employers provide bereavement leave. Previous efforts to require bereavement leave met with vetoes; Governor Schwarzenegger vetoed bereavement leave bills in 2007 and 2010, with Governor Brown following in 2011. The first bill would have mandated up to four days of unpaid leave, while the others sought up to three days.

In his 2010 veto of AB 2340, Governor Schwarzenegger stated that “[w]hile well-intentioned, the choice of whether or not to offer unpaid bereavement leave should be left to the employer.” He also expressed concern about imposing “new and somewhat ambiguous burdens on businesses as well as subjecting them to new threats of litigation over California-specific employment laws.”

In vetoing AB 325 in 2011, Governor Brown responded that granting bereavement leave “is the moral and decent thing to do and I believe that the vast majority of employers voluntarily make such an accommodation for the loss of a loved one” in any event, while also expressing concern over that bill’s provision allowing employees to go directly to court to...



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