Losing someone close is one of the hardest things anyone can go through, and as an employer, you have a unique opportunity to support your team during those moments that matter most.
California law has made big strides in ensuring employees have the right to bereavement leave, and in 2024, those protections expanded to include reproductive losses like miscarriage, stillbirth, and failed adoption or surrogacy.
But here’s something worth thinking about—family isn’t always defined by legal paperwork. Many employees have deep, meaningful relationships with foster parents, stepparents, legal guardians, or extended family members who raised them. These relationships are just as significant, and yet, many bereavement policies don’t acknowledge them.
If your bereavement leave policy only covers the bare minimum, it might be time to rethink it. Expanding bereavement leave isn’t just about legal compliance—it’s about creating a workplace where employees feel valued and supported, even during life’s hardest moments.
Understanding California’s Bereavement Leave Laws
Bereavement Leave Under AB 1949
In 2023, California’s Assembly Bill 1949 (AB 1949) took effect, making bereavement leave a protected right for many employees.
What AB 1949 guarantees:
- Applies to businesses with five or more employees.
- Provides up to five days of bereavement leave per loss.
- Covers the death of a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law.
- Leave must be taken within three months of the loss, but doesn’t have to be consecutive.
- Can be paid or unpaid, depending on company policy. Employees can use accrued PTO, vacation, or sick leave if available.
The 2024 Update: Recognizing Reproductive Losses Under SB 848
In January 2024, California passed SB 848, expanding bereavement leave protections to include reproductive loss.
Now, employees can take bereavement leave for:
- Miscarriage
- Stillbirth
- Failed adoption
- Unsuccessful surrogacy
- Failed assisted reproduction (such as IVF treatments that didn’t work out)
What Employers Need to Know About SB 848:
- Employees can take up to five days of leave per reproductive loss.
- Available to both birthing and non-birthing parents, including partners.
- Employees do not have to provide extensive medical documentation to qualify.
- Leave may be paid or unpaid, but employees can use PTO, sick leave, or any paid benefits already offered.
This was a huge step in acknowledging that loss comes in many forms and that grief isn’t always tied to traditional family structures.
But there’s still more that HR professionals and business owners can do to create a truly compassionate bereavement leave policy.
Why It’s Time to Rethink Who Qualifies for Bereavement Leave
Family Isn’t Just a Legal Definition
Many employees were raised by foster parents, stepparents, legal guardians, or extended relatives. For them, losing these loved ones is no different from losing a biological parent—but many bereavement policies don’t reflect that.
Nothing in AB 1949 or SB 848 prevents employers from expanding bereavement leave beyond the required minimum. Businesses that choose to offer a more inclusive policy will see stronger employee loyalty, morale, and engagement.
Employees Deserve to Grieve the People Who Raised Them
Imagine an employee who loses the aunt who raised them from childhood, or the foster parent who was their biggest source of support—only to find out they don’t qualify for bereavement leave.
For that employee, it’s not just a technicality—it’s a personal loss that deserves recognition. Expanding your policy ensures no one is forced to come to work while they’re grieving just because their loved one doesn’t fit a narrow definition of “family.”
Supporting Employees in Tough Times Builds Loyalty
People remember how they were treated during their hardest moments. A company that prioritizes human needs over rigid policies earns long-term loyalty.
It’s a Simple, Low-Cost Benefit with a Big Impact
Most businesses don’t see a financial burden from bereavement leave. The vast majority of employees only take it once or twice in their careers—but when they need it, it matters immensely.
Expanding bereavement leave to include non-traditional family relationships is a small change that makes a big difference in workplace culture and employee well-being.
How to Update Your Bereavement Leave Policy in 2025
Expanding your bereavement leave policy isn’t complicated—but it does take intention. Here’s how to do it:
1. Update Your Policy to Reflect a Broader Definition of Family
- Include foster parents, stepparents, legal guardians, and other key parental figures.
- If your company already offers flexibility for other significant relationships, clearly outline it in the handbook.
- Ensure all employees understand their options and feel comfortable requesting bereavement leave.
2. Train HR and Management to Handle Bereavement Requests with Empathy
- Make sure managers know how to respond when an employee requests leave—without making them jump through unnecessary hoops.
- Train HR professionals to be sensitive and discreet when handling bereavement requests.
- Avoid requiring employees to prove their relationship to the deceased—grief is personal, and documentation should never be a barrier to taking leave.
3. Consider Offering Paid Bereavement Leave
- While California doesn’t require bereavement leave to be paid, many companies choose to offer it as a benefit.
- Even offering partial paid leave (e.g., covering three of the five days) can be a game-changer for employees.
- If fully paid leave isn’t an option, make it clear that employees can use PTO or other accrued leave.
4. Create Flexibility for Grieving Employees
- Consider flexible scheduling or work-from-home options for employees transitioning back to work after a loss.
- Provide access to Employee Assistance Programs (EAPs) with counseling services.
- Foster a culture where grieving employees feel supported, not pressured to return before they’re ready.
A Workplace That Supports People When It Matters Most
Updating your bereavement leave policy isn’t just about following the law—it’s about doing what’s right for your employees.
Grief is personal. The people we mourn aren’t always listed on legal documents. When you recognize that, you create a workplace that truly values its people—not just as employees, but as human beings.
With a few small policy adjustments, you can build a workplace culture that prioritizes compassion, loyalty, and employee well-being.
Need Help Implementing a Bereavement Policy?
If you’re ready to update your bereavement leave policy—but aren’t sure where to start—Allevity can help.
Call us at 530-345-2486 to talk about our HR offerings today.
