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Bill

SB 1149

Employees: bereavement leave.

2025-2026 Regular Session Introduced by Steve Bennett and 10 co-sponsors

Guarantees up to five days of bereavement leave for employees, with a single designated person per 12 months, and protections against retaliation or discrimination.

July 1 set for first hearing. Placed on suspense file.
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WeVote Research Nonpartisan
Bill Summary · SB 1149

Summary of SB 1149 (2025-2026, California)

Purpose and Intent

SB 1149 Amends California Government Code to update and expand protections around bereavement leave for employees. The bill aims to clarify who may be designated for bereavement leave, formalize limits on designation, ensure the right to bereavement leave is protected from employer retaliation, and outline related documentation and confidentiality requirements. The overarching goal is to ensure employees can take time off after a family member’s death without risking adverse employment actions, while allowing employers some administrative boundaries (notably regarding designation of a single person per 12 months).

Key Provisions and Changes

  • Designation of a “Designated Person”

    • Defines “designated person” as an individual related to the employee by blood or the equivalent of a family relationship.
    • An employee may identify a designated person at the time they request bereavement leave.
    • Employers may limit an employee to one designated person per 12-month period.

  • Definitions Expanded

    • “Employee” means someone employed for at least 30 days prior to leave (with certain exclusions).
    • “Employer” includes private employers with five or more employees and the state, plus political subdivisions (cities, counties, etc.).
    • “Family member” includes a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, in-laws, or the designated person (and the designated person is treated as a family member for purposes of bereavement leave).

  • Bereavement Leave Rights

    • It is unlawful for an employer to refuse a request for up to five days of bereavement leave upon the death of a qualifying family member.
    • Leave days need not be consecutive.
    • Leave must be completed within three months of the date of death.

  • Leave Policy and Pay

    • If the employer has an existing bereavement leave policy, the leave must be taken under that policy.
    • If no policy exists, bereavement leave can be unpaid, but employees may use other available paid or unpaid time (vacation, personal leave, sick leave, or compensatory time) to make up the total five days.
    • If the existing policy provides less than five days of paid bereavement leave, the employee is entitled to a total of five days of bereavement leave, combining paid days under the policy with unpaid days or other available leave.
    • If the policy provides less than five days of unpaid bereavement leave, the employee is still entitled to five days of unpaid bereavement leave, with the option to supplement with other available leave.

  • Documentation

    • Upon request, the employee must provide documentation of the death within 30 days from the first day of leave. Acceptable documentation includes death certificates, obituaries, or written verification from funeral homes, memorial services, or government agencies.

  • Anti-Discrimination and Protections

    • It remains unlawful to hire, discharge, demote, fine, suspend, expel, or discriminate against an individual for exercising bereavement leave or for providing information or testimony related to bereavement leave.
    • Employers may not interfere with or deny the exercise of any right under this section.
    • Confidentiality: Employers must keep bereavement leave requests confidential, with documentation kept internal and disclosed only as necessary or required by law.

  • Individual Rights and Bargaining Agreements

    • The bereavement leave rights here are separate from, and do not diminish, rights under other sections.
    • If an employee is covered by a valid collective bargaining agreement (CBA) that expressly provides equivalent bereavement leave, wage, hours, and working conditions, and premium overtime rates, the CBA provisions control, subject to certain minimum pay-rate conditions.

Affected Parties

  • Employees: Those who have worked at least 30 days and request bereavement leave. They gain a guaranteed right to up to five days of leave for death of a designated family member, with specifics on payment depending on existing policies.
  • Employers: Private employers with five or more employees, and state, cities, counties, and other political subdivisions. They must:
    • Honor bereavement leave requests up to five days,
    • Maintain confidentiality of leave-related information,
    • Allow use of other available leave to complete the five-day entitlement where applicable,
    • Administer the designations and documentation in line with the statute.
  • Designated Persons: The one designated individual per 12 months, identified by the employee, who can be treated as a family member for bereavement purposes.

Procedural and Timeline Aspects

  • Effective Date and Status: The bill is amended and subject to standard legislative processes. It was amended on March 26, 2026, and moved through committee stages with hearings and suspense files noted in the action history.
  • Action Timeline: The bill has progressed through multiple readings, committee referrals, and a series of hearings. It advanced to the Assembly/Senate suspense file for appr. and underwent amendments during March–April 2026.
  • Implementation: Employers must adjust policies to accommodate up to five days of bereavement leave (paid or unpaid per existing policies), incorporate designation rules, and maintain confidentiality. Documentation requirements apply within 30 days of the first day of leave.

Notes

  • The bill includes a clarifying cap on designated persons (one per 12 months) to streamline administration.
  • It retains flexibility for employers with existing bereavement policies while guaranteeing a minimum five-day entitlement if no policy exists or if policy provisions are insufficient.
  • The provisions intersect with existing civil rights protections to prevent retaliation or discrimination for exercising bereavement rights.

If you’d like, I can provide a side-by-side comparison with current law or a簡 readable FAQ for employees and employers.

Compiled from official sources — confirm details with the bill’s official record.

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