California Expands Bereavement Leave to Include a “Designated Person”

Beginning January 1, 2027, California employees will be able to take bereavement leave following the death of a “designated person,” not just the family members the law currently lists. SB 1149, signed by the Governor on September 27, 2026, amends Government Code section 12945.7. Employers with bereavement leave policies should update them before the new year.

What Is Changing

California law currently requires employers with five or more employees to grant eligible employees up to five days of bereavement leave upon the death of a spouse, child, parent, sibling, grandparent, grandchild, or domestic partner. SB 1149 adds a “designated person” to that list, meaning any individual related to the employee by blood or whose association with the employee is the equivalent of a family relationship.

Employees do not need to name a designated person in advance. They can identify the person when they request leave. Employers may, but are not required to, limit each employee to one designated person per 12-month period. The existing rules otherwise remain in place, including the 30-day employment requirement, the option for non-consecutive days, and the prohibition on retaliation. Employers may still request documentation of the death, which must be provided within 30 days of the first day of leave. The law does not apply to employees covered by a qualifying collective bargaining agreement, which must meet specific statutory requirements.

What Employers Should Do Now

• Update your bereavement leave policy to add the “designated person” category. If you want to limit employees to one designated person per 12 months, the policy should say so.
• Revise your leave request form so employees can identify a designated person.
• Train HR and managers so that leave is not denied simply because the deceased is not a traditional relative.
• Keep the designated-person rules separate. California also recognizes designated persons for CFRA leave and paid sick leave, and each has its own rules and limits. Do not combine them or apply one law’s requirements to another.

If you would like help updating your policies or forms, please contact your Payne & Fears LLP attorney or any member of our Employment Practice Group.