What is Bereavement Leave and Pay?
Bereavement leave is a specific type of time off granted by an employer to allow an employee to manage the affairs and grief associated with the death of a specified loved one. This policy benefit is distinct from general Paid Time Off (PTO) or sick leave, as it is designated specifically for the purpose of mourning and attending to related responsibilities. The primary function of this leave is to provide employees with time away from work without the pressure of using accrued vacation or sick days.
Bereavement pay refers to the compensation an employee receives during this designated time away from their job. Whether the leave is paid or unpaid is determined entirely by the individual employer’s policies. This is a company-provided benefit, not a universal entitlement for all employees.
Legal Standing of Bereavement Pay
There is no federal law in the United States that mandates employers to offer either paid or unpaid bereavement leave to their employees. Therefore, the provision of time off following a death is entirely at the discretion of the company.
A few states and municipalities, however, have enacted their own, more limited requirements. For example, some states may require employers to provide a certain number of days of unpaid leave, or they may allow an employee to use accrued sick time for a death in the family. These state-level mandates represent the exception rather than the general rule, and the specific terms vary significantly by jurisdiction.
How to Determine Your Company’s Policy
Since government mandates are rare, the definitive source of information regarding your eligibility is your employer. The first place to look for details is your company’s Employee Handbook or internal policy manual. This document should contain a specific section outlining the company’s bereavement leave policy, including definitions of covered relationships and the duration of the leave offered.
If your employment is governed by a union contract, consult the Collective Bargaining Agreement, as this document often specifies the terms of benefits like bereavement leave. You can also search your company’s intranet or internal human resources portal for searchable policy documents. If the policy language is unclear or you cannot locate the information, contact the Human Resources (HR) department directly for clarification.
Standard Eligibility and Relationship Criteria
The eligibility for bereavement leave is almost always determined by the employee’s relationship to the person who has passed away. Company policies categorize these relationships into tiers, with the amount of time granted corresponding to the closeness of the family tie.
Immediate Family
This category represents the closest relationships and almost universally qualifies for the maximum amount of leave offered by the company. Immediate family typically includes a spouse or domestic partner, children (including step-children, adopted, or foster children), parents, siblings, and grandparents. Some policies also extend this definition to include parents-in-law, siblings-in-law, and grandchildren.
Extended Family
Coverage for extended family members is less consistent across different company policies. This group usually includes aunts, uncles, cousins, nieces, and nephews. While some organizations may provide a reduced number of days for these relationships, others may not offer any specific bereavement leave at all for this tier. Where granted, the leave duration is often shorter, sometimes only one or two days, and may be unpaid.
Non-Family
A growing number of policies acknowledge that non-blood relationships can be significant to an employee. This tier may cover close friends, non-blood relatives who were part of the immediate household, or the death of a domestic partner if the policy does not include them in the immediate family definition. While providing leave for non-family members is still considered rare, it reflects a broader approach to employee well-being.
Typical Duration and Payment Structure
The duration of bereavement leave is usually tiered based on the relationship of the deceased to the employee. For the loss of an immediate family member, the most common time frame offered by employers is three to five days of leave. For the loss of an extended family member, the leave is often shorter, typically ranging from one to three days.
When the leave is designated as “paid,” the employee generally receives their full base salary for the approved days away from work. Some policies may cap the number of paid days, requiring the employee to use accrued PTO or take unpaid time off if they need additional days.
The Formal Request Process
To receive time off and associated pay, you must follow your employer’s formal request procedures precisely. The initial step is usually to notify your direct manager or the Human Resources department immediately upon learning of the death.
You will typically be required to fill out a formal leave request form, which initiates the process for approval and compensation. Employers often reserve the right to request documentation to verify the need for the leave. Acceptable forms of proof include an obituary, a funeral program, or a written verification of death from a funeral home. This documentation must be submitted according to the company’s specified timeline, sometimes within 30 days of the leave’s start date.
Alternatives If Paid Leave Is Not Available
If your employer does not offer a bereavement policy, or if the person who passed away does not meet the eligibility criteria, you still have options for taking time away from work. The most common alternative is to use accrued general Paid Time Off (PTO) or vacation days to cover the absence. You may also be able to request to use accumulated sick time, particularly if your state or local law permits the use of sick leave for family-related reasons.
If you have exhausted all paid leave options or require a longer period of time, you can formally request an unpaid leave of absence. While the federal Family and Medical Leave Act (FMLA) does not cover time off for grief or funeral attendance, it may apply if you were caring for a seriously ill relative before their death. Discussing your situation with your HR representative can help you explore all available company and legal options.