Bereavement leave is an employer-provided benefit offering time off for an employee to grieve and attend to affairs following the death of a relative. Coverage for in-laws is highly variable and depends entirely on the specific policy established by the employer. Understanding the structure of these company policies is necessary to determine eligibility for time off during a personal loss.
The Absence of a Federal Bereavement Mandate
The inconsistency in company bereavement policies stems from the fact that no federal law mandates employers to provide time off for an employee’s loss. Neither the Fair Labor Standards Act nor the Family and Medical Leave Act requires employers to offer paid or unpaid bereavement leave. This lack of a nationwide standard means employers are free to decide whether to offer the benefit at all, how many days to provide, and which family relationships qualify. Since the benefit is voluntary, it is viewed as a discretionary component of an employee’s benefits package, leading to substantial variation between companies.
How Company Policies Define Family for Leave
Companies establish eligibility for bereavement leave by defining covered family members, often organized into tiers based on the closeness of the relationship. The highest tier, “Immediate Family,” typically includes a spouse, children, and parents, qualifying the employee for the maximum leave, usually three to five paid days. A second, more extended tier may include relationships such as siblings, grandparents, and sometimes parents-in-law. In-laws are rarely in the “Immediate Family” tier, and their inclusion in the second tier depends on the policy’s generosity. The length of leave is often tied to the tier, with Tier 2 losses typically yielding one or two fewer paid days than Tier 1 losses.
The Specific Status of In-Laws in Bereavement Policies
The likelihood of an in-law being covered by a formal bereavement policy varies significantly based on their specific relationship to the employee’s spouse.
Parents-in-Law
Parents-in-law are the in-law relationship most frequently covered under corporate bereavement policies. Many companies treat the loss of a mother-in-law or father-in-law identically to the loss of a biological parent, extending the full three to five days of paid leave. This inclusion recognizes that the employee often has a direct and significant relationship with their spouse’s parents, making the loss disruptive to the employee’s ability to work.
Siblings-in-Law and Grandparents-in-Law
Coverage for siblings-in-law and grandparents-in-law is substantially less consistent and often falls into a more restrictive category. When included, policies may grant only one or two days of paid time off. Coverage may also be limited to situations requiring long-distance travel to attend services or if the deceased resided in the employee’s household, reflecting a closer, day-to-day relationship.
Other Extended In-Laws
Extended in-laws, such as aunts-in-law, uncles-in-law, and cousins-in-law, are almost universally excluded from formal, paid bereavement leave policies. These relationships are deemed too distant to warrant coverage under the defined benefit. For these losses, an employee must rely on other forms of accrued time off to manage their needs and attend services.
State and Local Bereavement Leave Laws
While the federal government does not mandate bereavement leave, a growing number of states and municipalities have enacted laws requiring employers to provide time off. The definition of a covered family member in these statutes is a key factor in determining in-law eligibility. For example, some state laws require covered employers to provide leave for the death of a family member and explicitly include a “parent-in-law” in the definition. Employees in these jurisdictions are entitled to the state-mandated minimum, even if their employer’s policy is less generous or excludes the in-law relationship.
Navigating Exceptions When Coverage Is Not Granted
When an in-law relationship is not covered by the formal policy, employees have several alternative options to secure time away from work. The most common approach involves using other forms of accrued paid time off, such as vacation time, sick days, or general personal days. Employees can also negotiate with their manager or Human Resources department for flexible unpaid leave, especially if travel is required or they had a close relationship with the deceased. Manager discretion often plays a significant role in securing approval for time off that falls outside the official policy guidelines, granting the time as an accommodation rather than a formal benefit.
Required Documentation and Administrative Steps
Even when an in-law is covered by the policy, the employee must follow specific administrative steps to claim the leave. The first requirement is promptly notifying a manager or Human Resources department of the need for time off and the specific relationship to the deceased. Employees should be prepared to provide documentation to verify the death and the relationship, especially for paid leave requests. Acceptable documentation often includes a death certificate, an obituary, or a program from the funeral or memorial service. Policies also detail how the days must be used, sometimes requiring the leave to be taken within a specific period following the date of death.