Bereavement leave is time off granted to an employee following the death of a close relative, allowing them time to grieve, attend services, and handle necessary arrangements. Whether this leave is mandatory depends heavily on location and company size. No overarching federal law requires private employers to offer this time off. However, a growing number of states have enacted specific legislation to mandate it. For most American workers, access to bereavement leave remains a benefit provided voluntarily by their employer’s internal policy.
The Federal Stance on Mandates
No federal statute compels private employers in the United States to provide employees with time off, paid or unpaid, following a family death. Neither the Fair Labor Standards Act (FLSA) nor the Family and Medical Leave Act (FMLA) includes provisions for standard bereavement leave. This absence of a nationwide requirement means the decision to offer this benefit is entirely discretionary for most businesses operating across state lines.
This lack of federal protection places the burden of establishing employee support during a loss on state legislatures or individual companies. Consequently, an employee’s right to time off is determined by where they work and the specifics of their employer’s handbook.
State Laws Requiring Bereavement Leave
The most definitive mandates for bereavement leave exist at the state level, where a few jurisdictions have created legal requirements for employers. These state laws differ significantly in terms of employer size thresholds, the amount of time required, and the definition of a qualifying family member. States like Oregon, Illinois, and California have established some of the most comprehensive mandates.
Covered Employees and Relationships
State laws generally define a broad range of relationships for which an employee can take mandated leave. For example, the Illinois Family Bereavement Leave Act (FBLA) covers the death of a child, spouse, domestic partner, parent, sibling, grandparent, or grandchild, along with various in-law and step-relationships. California’s law also includes parents-in-law and domestic partners. Oregon’s Family Leave Act (OFLA) similarly grants leave for a spouse, parent, child, or parent-in-law, among others.
Required Duration of Leave
The duration of mandated leave varies by state, generally ranging from five days to two weeks per qualifying event. Oregon’s law allows eligible employees up to two weeks of leave per death, which must be completed within 60 days of learning of the passing. Illinois mandates up to ten working days of leave per death, with a maximum of six weeks if multiple qualifying events occur within a 12-month period. California requires employers with five or more employees to grant up to five days of leave, which can be taken non-consecutively.
Rules Regarding Payment
The majority of state-mandated bereavement leave is protected but unpaid, with employees retaining job security during the absence. Both the Illinois FBLA and the Oregon OFLA specify that the mandated time off is unpaid by the employer. California’s law also does not mandate paid time off. However, these state laws often permit employees to elect to use any accrued paid leave, such as sick time or vacation time, to substitute for the unpaid bereavement leave.
Typical Company Bereavement Policies
Since federal mandates are absent and state mandates are still rare, most employees receive bereavement time through their company’s internal policy. Approximately 90% of employers offer some form of leave, and the standard for time off is between three and five days for the loss of an immediate family member. These policies are entirely at the employer’s discretion, allowing flexibility in duration and the definition of a qualifying relationship.
Many progressive organizations are expanding this definition beyond traditional blood or legal ties to include domestic partners and stepparents. Companies often provide fewer days, such as one or two, for extended family members.
Paid Versus Unpaid Leave
The distinction between paid and unpaid bereavement leave is generally a matter of company policy, not a legal requirement in most of the country. Even when a state mandates leave, that mandate typically only provides job protection.
The financial aspect of the leave usually falls into two categories: dedicated bereavement pay or the substitution of accrued paid time off (PTO). Many companies offer a dedicated benefit, such as three paid days, separate from an employee’s accrued vacation or sick time. Other employers require the employee to use their banked PTO or sick time to cover the period of absence if they wish to be compensated.
Interplay with Other Federal Leave Laws
Bereavement leave operates largely outside the scope of the Family and Medical Leave Act (FMLA), which often leads to misunderstandings about an employee’s rights. FMLA provides job-protected leave for an employee’s own serious health condition, to care for a family member with a serious health condition, or for the birth or placement of a child.
Simple grief, mourning, or attending a funeral does not qualify as a “serious health condition” under FMLA rules. Therefore, FMLA cannot be invoked for typical bereavement. FMLA may become relevant only under specific, exceptional circumstances, such as if the employee develops a medically diagnosed serious health condition as a direct result of the loss.
Employee Best Practices for Requesting Leave
Employees should begin the process by reviewing their company’s employee handbook or speaking with a Human Resources representative to understand the policy specifics. Prompt notification to a direct manager or HR is the first step, providing clarity about the need for time off and the relationship to the deceased.
Employees should confirm the precise duration of the leave allowed and whether the time off will be paid through a dedicated benefit or require the use of accrued PTO. They should also understand any documentation requirements, which often include an obituary, a death certificate, or a program from the service.