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The time is not protected under the federal Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA), but may be protected under California’s bereavement leave law.
California law requires employers to provide up to five days of bereavement leave when an eligible employee experiences the death of a spouse, child, parent, sibling, grandparent, grandchild, domestic partner or parent-in-law, as those terms are defined under the CFRA and the leave must be taken within three months of the family member’s death. However, this bereavement leave doesn’t count against the employee’s CFRA or FMLA leave entitlements.
If California's bereavement leave law doesn’t cover the funeral attendance (e.g., deceased isn’t a close family member, more than three months have gone by since individual passed away, etc.) — even assuming that the employee would meet the qualifications to be an eligible “employee” within the meaning of the CFRA or FMLA — time off to attend a funeral would not be a qualifying reason under either the CFRA or FMLA.
Read more about Bereavement Leave in the HR Library.