Disclaimer: The following article is provided for informational and educational purposes only and does not constitute legal advice. The legislative landscape is rapidly evolving, and the application of these laws depends on the specific facts of each business. Employers should consult with qualified legal counsel before making any policy changes or employment decisions based on this information.
Current Status Senate Bill 1149 was introduced by Senator Durazo in February 2026 and is currently pending in the Senate Committee on Labor, Public Employment and Retirement. Given California’s recent trajectory of expanding family leave definitions, this bill has a strong likelihood of advancing.
Employment Litigator Comments Defense litigators view SB 1149 as an administrative nightmare that invites abuse. By allowing bereavement leave for a “designated person”—defined subjectively as any individual whose association with the employee is the “equivalent of a family relationship”—the law removes objective verification standards. Litigators warn that it will be practically impossible for employers to police these leave requests, guaranteeing a spike in wrongful termination or retaliation lawsuits if an employer denies a suspicious request or disciplines an employee for absenteeism.
Business Community Comments The business community is staunchly opposed to the subjective nature of SB 1149. While employers sympathize with the grieving process, they argue that expanding protected leave to “chosen family” or best friends makes workforce management completely unpredictable. Employers, particularly in industries suffering from labor shortages, warn that this creates an un-policeable entitlement that will increase operational costs, force excessive overtime on remaining staff, and degrade customer service.
Nuts and Bolts of the Requirements Current law requires covered employers to provide eligible employees with up to five days of unpaid, job-protected bereavement leave upon the death of an immediate family member (spouse, child, parent, sibling, grandparent, grandchild, or domestic partner). SB 1149 amends Section 12945.7 of the Government Code to explicitly include a “designated person” in the definition of a family member. A designated person is broadly defined as any blood relative or any individual whose association with the employee is the equivalent of a family relationship.
Compliance Guidance
If this bill passes, HR departments must immediately update their bereavement leave policies to encompass the “designated person” category. Employers will need to establish clear, uniform protocols for how employees notify the company of their need for leave, and must apply documentation requirements (if any are permitted) consistently to avoid discrimination claims.
Why You Need to Work With a Business Attorney Because of This Bill
If this legislation passes, working with a business attorney will be critical to managing the ambiguity of the “designated person” standard. Counsel can help prepare your business by drafting precise policy language that complies with the law while establishing reasonable, legal boundaries around notice and documentation. An attorney’s guidance is essential to train managers on how to handle these subjective leave requests without inadvertently violating the employee’s protected rights or triggering a retaliation lawsuit.