California employees will soon be able to take bereavement leave when an extended relative or someone they consider family dies. Governor Newsom signed SB 1149 on Sept. 27, allowing employees to take bereavement leave upon the death of a “designated person,” which means any person related to the employee by blood or whose association with the employee is the equivalent of a family relationship. Here are the top three changes and the key steps you should consider taking before it takes effect on Jan. 1, 2027.
1. Employees May Take Bereavement Leave for the Death of a “Designated Person”
Currently, California’s bereavement leave law applies only to the death of a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. It does not cover extended relatives like aunts, uncles, cousins, or non-blood relationships considered equivalent to family.
SB 1149, however, expands the list of applicable individuals to also include a designated person chosen by the employee, defined as any person related to the employee by blood or whose association with the employee is the equivalent of a family relationship.
This will allow employees to take bereavement leave for the death of an extended relative or for an individual who may not be biologically or legally related but has deep, family-like bonds with the employee.
This aligns bereavement leave more closely with recent changes made to CFRA Leave and Paid Sick Leave under AB 1041 and that will take effect for Paid Family Leave under SB 590 in 2028.
2. Limitations and Employer Protections
SB 1149 implements safeguards for employers in the implementation of the “designated person” language. It limits employees to designating only one such “designated person” per 12-month period. This provision also aligns with the safeguards put in place due to recent changes in paid family leave qualification.
SB 1149 does not change how much leave employees get or how they can use it. Eligible employees are still entitled to a minimum of five days of bereavement leave — which can be unpaid or paid — to be completed within three months of the family member or designated person’s death. The dates do not need to be consecutive.
3. Identification and Documentation Request
As with prior bereavement leave legislation, SB 1149 allows for the employer to request documentation from the employee of the death of the family member or designated person, which (if requested) the employee is to provide within 30 days of the first day of leave. This documentation can include a death certificate, a published obituary, or a written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency. You are required to keep any requested documentation strictly confidential.
What Employers Should Do Now
Be prepared to update your leave of absence policies and procedures. In preparation for the Jan. 1, 2027, effective date, you should consider taking the following steps:
- Consider how the new rule aligns with existing CFRA Leave, Paid Sick Leave, and Paid Family Leave policies — especially following AB 1041, which added “designated person” language under CFRA Leave and Paid Sick Leave beginning in 2023, and SB 590, which will add “designated person” language under Paid Family Leave starting July 1, 2028.
- Review your policies and employee handbooks to ensure they include updated definitions under AB 1041, SB 590, SB 1149, and other applicable laws.
- Update your information packets and onboarding documents to employees.
- Train HR staff on the new definition of “designated person.”
Arthur L. Ramirez is an attorney with Fisher Phillips in Irvine, Calif. © 2026 Fisher Phillips. All rights reserved. Reposted with permission.
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