Can Employees Be Fired for Taking Bereavement Leave in California?

Losing a loved one upends everything. Grief does not follow a schedule, and the practical demands that come with a death, such as arranging services, settling affairs, and supporting family, can require days away from work. Most employees who take bereavement leave trust that their job will be there when they return. For some, that trust is broken. An employee steps away to mourn, returns to the workplace, and discovers their hours have been cut, their role has been diminished, or worse, they no longer have a position at all. That kind of betrayal, layered on top of grief, can be devastating.

This is where understanding California law matters. Minnis & Smallets LLP helps employees recognize when an employer’s conduct crosses the line into unlawful retaliation and pursue every available legal remedy.

California employees should know their bereavement leave protections:

• Employers with five or more employees must provide up to five days of bereavement leave per qualifying death.
• Employees must have worked for at least 30 days before taking the leave.
• Leave may be taken in separate increments but must be completed within three months of the death.
• Employers cannot retaliate or discriminate against employees for requesting or using bereavement leave.

Which Employees and Employers Does California’s Bereavement Leave Law Cover?

Government Code Section 12945.7 applies to private employers with five or more employees, as well as state and local government employers. Employees become eligible once they have been employed for at least 30 days before taking leave. Union members covered by a collective bargaining agreement are also entitled to bereavement leave, provided that agreement includes at least five days of unpaid, job-protected leave.

Which Family Members Qualify for Protected Bereavement Leave?

Not every loss triggers the legal protections of California’s bereavement leave statute. Covered family members include:

• Spouse
• Child
• Parent
• Sibling
• Grandparent
• Grandchild
• Domestic partner
• Parent-in-law

Employers may voluntarily extend bereavement leave to other relationships, but are not legally required to do so.

When Can an Employer Request Documentation of a Family Member’s Death?

Employers have the right to request documentation of the death, but employees are not required to provide it before beginning their leave. Employees have 30 days from the first day of leave to furnish supporting materials. Acceptable forms include a death certificate, an obituary, or written verification from a mortuary, funeral home, crematorium, religious institution, or government agency. Employers must keep all submitted documentation strictly confidential.

When Does Firing, Disciplining, or Cutting Hours After Bereavement Leave Become Unlawful?

Retaliation does not always take an obvious form. An employer may claim that the timing is coincidental, but certain patterns warrant close attention:

• Termination or layoff shortly after an employee returns from bereavement leave
• Written warnings or disciplinary action for issues that were never raised before the leave
• Reduction in hours or removal of responsibilities without explanation
• Exclusion from meetings, projects, or opportunities previously available to the employee

California law explicitly prohibits employers from terminating, demoting, suspending, or taking any other adverse action against an employee because the employee requested or used bereavement leave. When such conduct follows closely after protected leave, a retaliation claim may be well-founded.

What Options Do Employees Have When They Suspect Retaliation for Bereavement Leave?

No employee should face a legal dispute on top of personal loss. California has strict deadlines for filing retaliation complaints, and evidence such as emails, performance records, and HR communications can be critical to building a strong case.

The employment law attorneys at Minnis & Smallets LLP bring the experience, dedication, and personal attention that complex retaliation claims demand. Our firm serves employees across the Bay Area. Contact us today to discuss the situation with an attorney.