California Senate Bill 1149 Expands Bereavement Leave Protections to Include an Employee’s “Designated Person”

Since 2023, California Government Code section 12945.7 has required most employers—private employers with five or more employees and public employers—to provide most employees with up to five days of bereavement leave upon the death of qualifying family members.

If an employer did not have an existing bereavement leave policy when the law went into effect, the bereavement leave could be unpaid, except that an employee could elect to use accrued vacation, personal leave, sick leave, or compensatory time off that was otherwise available to the employee. If there was an existing bereavement leave policy in place, however, employees were entitled to no less than a total of five days of bereavement leave, consisting of the number of days of paid leave under the existing policy and the remainder of days of leave unpaid, with the same caveat that employees could elect to use accrued and available paid time off.

The protections apply to persons who have been employed by the employer for at least 30 days prior to taking bereavement leave and the law includes additional elements regarding documentation, confidentiality, distinction from other leave obligations, and a carveout for certain employees covered by collective bargaining agreements.

Initially, qualifying family members included a spouse or domestic partner, parent, child, sibling, grandparent, or grandchild.

On September 27, 2026, Governor Newson signed into law Senate Bill 1149, which amends Government Code section 12945.7 and adds “designated person” to the list of qualifying family members for whom an eligible employee may take bereavement leave. Much like other leave laws in California, the amendment defines a “designated person” to include “any individual related to the employee by blood or whose association with the employee is the equivalent of a family relationship.”

Employees may identify a designated person for purposes of bereavement leave at the time the employee requests the leave and employers may limit employees to one designated person per 12-month period for that purpose.

This amendment, and expansion of qualifying family members to include an employee’s “designated person,” becomes effective January 1, 2027.

As 2027 approaches, and employers prepare for the new year, this amendment should be taken into account when updating Employee Handbooks and leave forms.

This legal update and any use of its information does not create an attorney-client relationship. Nothing contained on this website should be considered legal advice for any specific employer or employment situation. Consult legal counsel before taking any action as a result of information contained herein.