PathAfter FAQ
Employer Benefits and Workplace
Focused answers for people handling the first days, paperwork, and follow-up steps after a death in California.
Start checklistWeek 2–4 administration and California-specific questions
What employer benefits might I be entitled to after a spouse dies?Check for: life insurance through the employer (often 1–3x salary), accidental death and dismemberment (if the death qualifies), continuation of health insurance through COBRA, pension survivor benefits, 401k or retirement plan balance, accrued vacation or PTO payout, employee assistance program (EAP) grief…How do I claim employer-provided life insurance?Contact the deceased's HR department. Ask for the group life insurance carrier name and policy number. File directly with that insurer using their claim form plus a certified death certificate. HR can usually tell you the coverage amount and beneficiary on file.What if the employer life insurance beneficiary is wrong or outdated?If the named beneficiary is deceased or the designation is outdated, the insurer will look to the policy terms — often defaulting to the estate. You may be able to challenge this if you can show the deceased intended to name you…What about their accrued vacation or PTO?In California, accrued vacation and PTO are considered wages and cannot be forfeited. The employer must pay out the balance to the estate. Contact HR with a death certificate and ask for the final paycheck and vacation payout. This is California law…What if they were self-employed?No employer benefits, but there may be business insurance, a business bank account, client receivables, or contracts to manage. Notify clients and vendors promptly. Check for a business succession plan. If they had employees, get an employment attorney involved quickly — you…How do I notify their employer of the death?Call HR directly — not a coworker or manager first, though those relationships matter too. Tell them the date of death, ask what you need to submit, and ask specifically about outstanding pay, benefits, and any employer-sponsored insurance. Follow up in writing.What is COBRA and how long do I have to enroll?COBRA lets you continue the deceased's employer health insurance for up to 36 months if you were covered on the plan. You have 60 days from receiving the election notice to enroll. Premiums are typically high — compare with marketplace insurance before…What if they were a union member?Contact the union hall directly. Unions often have death benefits, burial assistance, survivor pensions, and legal assistance programs for members' families. These are separate from employer benefits. Bring a death certificate and the membership card or number if you have it.What if they died while on workers' compensation?Death benefits may be available to dependents — typically including burial expenses up to a set amount and ongoing payments to dependent survivors. The employer's workers' comp insurer handles the claim. You have one year from the date of death to file…What if their employer owes them a bonus or commission?Earned commissions and bonuses are wages in California and belong to the estate. Get documentation of what was owed — ask HR for a final compensation statement. If the employer disputes the amount, a wage claim can be filed with the California…