Senate Bill 1149 Updates Workers’ Bereavement Leave to Include Chosen Family
FOR IMMEDIATE RELEASE February 18, 2026
Contact: Katie Duberg, katie@workfamilyca.org
Senate Bill 1149 Updates Workers’ Bereavement Leave to Include Chosen Family
SACRAMENTO, CA - Today, State Senator María Elena Durazo (D-Los Angeles) introduced Senate Bill 1149 to update California’s existing bereavement leave law so workers can take unpaid bereavement leave to grieve the death of a loved one, whether that person is related by blood or is a “chosen” family member. This legislation ensures that workers are not forced to choose between mourning a loved one and keeping their job.
“When someone you love dies, you need time to grieve,” said Senator Durazo. “If California law allows you to take time off to care for someone when they're seriously ill, you should be able to take time off to mourn them if they pass away.”
This legislation is cosponsored by AARP California, Equal Rights Advocates, the California Employment Lawyers Association, California Work & Family Coalition, California Coalition on Family Caregiving, Equality California and Californians for Safety and Justice.
“SB 1149 by Senator Durazo is an important step forward in recognizing the changing dynamics of California families,” said Michael Murray, AARP California State Director. “Older adults are increasingly seeking companionship and support from extended family as well as friends and neighbors whom they consider ‘chosen family.’ SB 1149 will give Californians of all ages the ability to take time off to grieve for a member of their chosen family.”
"California’s workplace laws need to reflect the reality of workers’ lives, especially women, family caregivers and LGBTQ+ workers," said Kel O'Hara, Senior Staff Attorney at Equal Rights Advocates. "Other state family leave laws already recognize the value of chosen and extended family. Bereavement leave must do the same. Every worker should be able to take time to mourn the death of a close loved one, regardless of how their family defines itself."
"As the economic engine of California, all workers deserve the right to take time off during moments of immense hardship related to the loss of a loved one, whether that person is related by blood or is a chosen family member," said Mariko Yoshihara, Legislative Counsel and Policy Director for the California Employment Lawyers Association. "No employee should ever have to choose between their employment and taking time to grieve the death of a loved one. SB 1149 by Sen. Durazo makes California's bereavement law more equitable and consistent with other state sick and family leave."
New Bill Aligns With Existing Caregiving Laws
In 2022, Gov. Gavin Newsom signed into law two key caregiving bills:
AB 1041 amended the California Family Rights Act (CFRA) to allow workers to take unpaid, job-protected leave to care for a “designated person” – someone whose relationship with the employee is akin to family – as well as more traditional family members, including a spouse, child, parent or grandparent.
AB 1949 amended CFRA to require covered employers to provide eligible employees with up to five days of bereavement leave for family members defined as a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. However, this law does not extend to chosen family members - individuals who may not be related by blood but whose relationship is equivalent to family.
This gap in the law disproportionately impacts older adults, LGBTQ+ individuals, immigrants, and others more likely to rely on close-knit chosen or extended family networks. SB 1149, which aligns with the above legislation, will close this gap. It is a straightforward change that will make California’s bereavement leave policy more equitable and consistent, ensuring all workers have the dignity and security to mourn the loss of those they consider family.
“The Caregiver Resource Centers have about five percent of our clients who are ex-spouses, church friends or cousins who work and provide care to someone with dementia. They do this for years. They grieve the loss and deserve protected time for bereavement,” said Donna Benton, member, California Coalition on Family Caregiving.
“Bereavement leave for chosen or extended family is a reflection of our continued belief that all people should not only be able to care for their chosen family but also have the opportunity to grieve the loss of them,” said Yvette Cervantes, Orange County Caregiver and California Work & Family Coalition Steering Committee member. “Love isn’t limited to immediate family and grief isn’t either.”
“For many LGBTQ+ people, chosen family is family. These relationships are real and just as important,” said Equality California Executive Director Tony Hoang. “SB 1149 ensures California’s bereavement leave protections reflect the reality of our lives and give workers the dignity and time they need to grieve the loss of someone they love. We are grateful to Senator Durazo for her ongoing leadership in advancing policies that support LGBTQ+ people and all families.”
“The trauma and grief a person experiences upon the loss of a dear friend or extended family member is often indistinguishable from that experienced upon the passing of an immediate family member,” said Tinisch Hollins, executive director of Californians for Safety and Justice. “Allowing folks the chance to take time away from work to properly grieve and heal is a common-sense policy that will help create the healthy and safe communities we all desire, and we are grateful for Senator Durazo’s continued leadership.”
After the 30-day required waiting period, the state Senate Rules Committee will assign SB 1149 to a committee for further review and analysis.
# # #
