When an employee experiences the loss of a loved one, they need time away from professional responsibilities to manage grief and necessary arrangements. A common question is how this time off will be covered financially. Understanding how dedicated bereavement leave and Paid Time Off (PTO) interact within a company’s policy is necessary for navigating this difficult period.
Defining Bereavement Leave and Paid Time Off
Bereavement leave is a specific, short-term absence granted to an employee to address the death of a family member. It allows time for mourning, attending funeral services, and managing immediate logistical matters. While some employers offer this time as paid leave, it is often designated as unpaid unless company policy specifies otherwise.
Paid Time Off (PTO) is a general bank of accrued time used for various purposes, such as vacation, personal days, or illness. PTO is inherently paid time, representing an earned benefit used at the employee’s discretion, subject to company approval. The fundamental difference is purpose: bereavement leave is specific to a life event, while PTO is a flexible benefit pool.
The Legal Status of Bereavement Leave
In the United States, no federal law mandates employers to provide paid or unpaid leave following a death in the family. Neither the Fair Labor Standards Act (FLSA) nor the Family and Medical Leave Act (FMLA) requires specific bereavement time off. Consequently, the availability and structure of bereavement time are determined entirely by the individual employer.
A small number of states have implemented limited mandated leave, serving as exceptions to the national norm. Oregon, for example, requires certain employers to provide bereavement leave under the Oregon Family Leave Act (OFLA). This law mandates up to two weeks of unpaid leave per family member’s death for eligible employees. Illinois, California, and Maryland have also enacted state-level requirements, providing varying amounts of unpaid or sick-leave-related time off.
Navigating Employer Bereavement Policies
Since legal requirements are minimal, the availability and structure of time off depend entirely on a company’s internal policy. Most companies (approximately 88%) voluntarily offer some form of bereavement policy. Employees should consult their employee handbook or contact Human Resources to understand their specific rights and obligations.
Employer policies generally fall into three main models regarding compensation:
Dedicated Paid Leave
The company grants a specific number of days (e.g., three to five) paid separately from the employee’s PTO balance.
Dedicated Unpaid Leave
The company offers a dedicated amount of time, but it is unpaid, requiring the employee to cover lost wages by other means.
No Dedicated Policy
The employee must use their existing PTO balance to receive pay for the time away from work.
When PTO is Used for Bereavement
Whether an employee must use PTO for bereavement is determined by two scenarios: mandatory use and supplemental use.
Mandatory Use
This occurs when an employer has no dedicated paid bereavement leave policy. The employee must draw from accrued PTO, sick days, or vacation time to receive compensation for the time away from work. While this ensures the time off is paid, it depletes the employee’s personal bank of leave hours.
Supplemental Use
This applies even when a dedicated company policy exists. If an employer offers three days of paid bereavement leave, but the employee requires five days, the remaining two days must be covered. The employee can use PTO to supplement the dedicated leave and maintain their income. Any request to use PTO is processed through the company’s standard request procedure.
Key Components of Typical Bereavement Policies
Defining Eligible Relationships
Policies categorize the deceased family member to determine the amount of leave granted. The longest duration (often three to five days) is reserved for immediate family members, such as a spouse, child, parent, or sibling. Some policies include step-relations, domestic partners, and in-laws in this classification. For extended family members (grandparents, aunts, uncles, or cousins), the policy often provides a shorter duration of one or two days.
Duration of Leave
The typical duration of employer-provided bereavement leave is standardized. For the loss of an immediate family member, the most common period of paid leave is three to five days. This time covers immediate arrangements and the funeral service. The amount of time offered is often reduced for more distant relatives, with some companies providing only a single day of paid leave.
Documentation Requirements
Employers may require documentation to verify the death and the employee’s relationship for policy compliance. This ensures the benefit is used appropriately. Common forms of documentation requested include a copy of the obituary, a funeral program, or a death certificate. Employees are usually expected to provide this documentation to Human Resources upon returning to work or within a specified timeframe.
Options for Extended Leave
When an employee has exhausted dedicated bereavement days and banked PTO, they still have options for additional time off. The most common option is requesting an unpaid personal leave of absence. This allows the employee to remain away from work with job protection, though without pay, and requires formal arrangement with management and Human Resources.
In rare cases where grief is medically debilitating, an employee might investigate using short-term disability benefits. This process is complex and typically applies only if the employee meets the clinical definition of temporary incapacitation. Another possibility is leveraging state or local paid sick leave laws, which in some jurisdictions can cover time related to a loss, such as caring for a family member or addressing mental health needs. Communication with the employer’s HR department is the first step for exploring these alternatives.