Bereavement leave is time an employee can take off from work to process the death of a loved one, handle arrangements, and attend services. This time allows employees to grieve and manage responsibilities like making funeral arrangements and dealing with legal matters. The U.S. federal government does not mandate that private employers offer bereavement leave. Therefore, the availability of this benefit largely depends on state laws and individual employer decisions.
Federal Law and Bereavement Leave Requirements
No federal statute requires private-sector employers to provide employees with time off, either paid or unpaid, following the death of a family member or loved one. Major federal labor laws, including the Fair Labor Standards Act (FLSA), focus on wages, hours, and employment standards but contain no provisions establishing a right to bereavement time. Consequently, a private company operating solely under federal regulation is not legally compelled to offer any form of leave.
The determination of whether an employee receives leave rests on company policies or state-level legislation. This absence of a nationwide standard creates a patchwork of requirements that employees must navigate based on their location and specific employer.
State and Local Bereavement Leave Laws
While federal law remains silent, a growing number of states and municipalities have established mandatory bereavement leave requirements. These state-level mandates provide specific protections for employees. For example, California requires employers with five or more employees to grant up to five days of leave for the death of a family member. This leave may be unpaid unless the employer has an existing policy providing paid time off.
Oregon’s Family Leave Act requires employers with 25 or more employees to provide eligible staff with up to two weeks of unpaid bereavement leave per death, up to four weeks per year. Illinois mandates employers with at least 50 employees to provide up to 10 days of unpaid leave for the loss of a covered family member. Other states, such as Maryland, require employers to allow employees to use their accrued paid leave, like sick time or vacation days, for bereavement purposes.
How Company Policies Dictate Bereavement Leave
In jurisdictions without state mandates, company policy becomes the most influential factor determining an employee’s access to leave. Most companies voluntarily offer bereavement leave as an employee benefit, with approximately 98% of employers providing some form of time off. The industry standard for the loss of an immediate family member typically falls between three and five days.
The duration and compensation often depend on the deceased person’s relationship to the employee. Companies frequently offer paid leave for immediate family, while leave for extended family members may be shorter or entirely unpaid. Eligibility can also be tied to employment status, such as distinguishing between full-time and part-time workers, or requiring a minimum tenure. Employees should consult their official employee handbook to understand the specific terms, including whether the time is paid, unpaid, or a combination of both.
Who Qualifies as a Family Member for Leave
A company’s bereavement policy or a state statute must clearly define which relationships qualify an employee for the time off. Policies generally distinguish between immediate family and extended family, with immediate family typically warranting the maximum duration of leave. Immediate family commonly includes a spouse or domestic partner, children, parents, and siblings, often encompassing step-relations, in-laws, and grandparents.
Extended family members, such as aunts, uncles, nieces, nephews, and cousins, are often covered by a shorter duration of leave, sometimes limited to a single paid or unpaid day to attend a service. Modern policies increasingly recognize domestic partners and individuals who reside permanently in the employee’s household, sometimes referred to as “chosen family.” The specific definitions used by an employer determine the level of benefit an employee receives.
Practical Steps for Requesting Bereavement Leave
When a death occurs, the employee should notify their immediate supervisor or the Human Resources department as soon as possible. This initial communication establishes the need for time off and begins the process of determining eligibility. The employee should be prepared to confirm the specific relationship to the deceased, as this detail directly affects the duration and compensation of the leave granted.
Employees should inquire about any specific documentation the employer requires to process the request, such as an obituary, a funeral service program, or a death certificate. While not all employers require formal proof, having documentation readily available can expedite the approval process. Understanding whether the time off will be paid or unpaid, and how that leave interfaces with other accrued time off, is a necessary part of the discussion with HR.
Options When Bereavement Leave is Not Offered
For employees whose company does not offer a formal bereavement policy, or whose situation requires more time than the policy allows, several options exist for securing time away from work. The most common alternative is to utilize accrued Paid Time Off (PTO) or general vacation days, allowing the employee to take paid time away without requiring a specific bereavement category. Employees can sometimes use accrued sick leave, especially if the policy allows sick time to be used for family care or mental health needs related to grief.
If paid leave options are exhausted or unavailable, an employee can request an unpaid personal leave of absence for an extended period. In rare cases, the federal Family and Medical Leave Act (FMLA) may apply. This occurs only if the employee’s grief leads to a serious, certified medical condition or if they need to care for a family member with a serious health condition prior to their passing. FMLA provides job protection for qualifying serious medical situations.