Bereavement leave is time off, which may be paid or unpaid, granted to an employee following the death of a loved one. Navigating this time off often leads to widespread confusion because there is no federal standard governing its provision or defining who qualifies for it. This lack of a uniform mandate means that eligibility for this benefit is determined almost entirely by individual employer policies. The question of which family members are covered is therefore answered on a company-by-company basis, creating a highly variable landscape for employees seeking time to grieve.
The Status of Bereavement Leave in the U.S.
The U.S. federal government has largely left the matter of bereavement leave up to employers, as the Fair Labor Standards Act (FLSA) does not require companies to provide it. The federal Family and Medical Leave Act (FMLA), which provides up to 12 weeks of job-protected leave, does not typically cover bereavement leave, focusing instead on serious health conditions.
The absence of a federal law means company policy is the primary source of regulation, driven by employer discretion, competitive industry standards, and company size. Most employers offer some form of leave, even if it is unpaid, recognizing the need for employees to manage their grief and attend to final arrangements. The definition of “family” is the main differentiator between a generous policy and a restrictive one.
Standard Definitions of Immediate Family
Standard bereavement policies consistently cover the loss of immediate family members.
Spouses
Almost universally, company bereavement policies cover the loss of a spouse. This definition includes legally married partners. Modern policies also frequently extend this coverage to legally recognized domestic partners, reflecting a broader acceptance of varied marital statuses.
Parents and Children
The death of a parent or a child is consistently included. The definition of a parent is typically broad, encompassing biological parents, adoptive parents, foster parents, and stepparents. Coverage for children extends beyond biological offspring to include adopted children, stepchildren, and foster children.
Siblings
Policies commonly include siblings as immediate family members, allowing employees time off for the loss of a brother or sister. This category usually includes half-siblings and step-siblings.
Grandparents and Grandchildren
Many employers recognize the importance of the relationship between employees and their grandparents, including both maternal and paternal grandparents in their bereavement policies. Coverage for grandchildren is also a frequent inclusion in standard policies.
Immediate In-Laws
The loss of a spouse’s immediate family members is often covered, recognizing the close ties that form through marriage. This typically includes the mother-in-law and father-in-law. Some policies also extend this to cover siblings-in-law.
Extended and Non-Traditional Family Coverage
Beyond the standard definition of immediate family, many company policies extend coverage to a broader network of relatives and close personal connections. This discretionary coverage often includes extended family members like aunts, uncles, and cousins, though the duration of leave for these relationships is often shorter than for immediate family. The inclusion of these relatives is highly dependent on the generosity and modernity of the employer’s policy.
Progressive company policies increasingly recognize the concept of “chosen family” and non-traditional relationships that hold significant emotional weight. Coverage may be extended to a domestic partner who is not legally recognized, a platonic life partner, or a deeply close friend who functioned as family. Acknowledging these non-blood ties better reflects the reality of many employees’ support systems. A small but emerging trend is the inclusion of pet bereavement leave.
State-Level Bereavement Leave Laws
While federal law does not mandate bereavement leave, a handful of states have enacted statutes that require employers to provide it. States such as California, Illinois, Oregon, Maryland, and Washington have passed laws that mandate either paid or unpaid leave for employees. These state statutes often set a minimum standard that supersedes a company’s own policy if the company’s policy is less generous.
These state laws often employ a more inclusive definition of “family member” than traditional company handbooks. For instance, the Illinois Family Bereavement Leave Act covers a broad list of relatives, including domestic partners, and extends leave to cover other forms of loss, such as a miscarriage or a failed adoption. California requires employers with five or more employees to provide up to five days of protected leave for the loss of a spouse, domestic partner, parent, child, or sibling. Oregon requires employers to provide up to two weeks (10 workdays) of unpaid leave per year for the death of a family member, with a broad definition that can include individuals related by blood or affinity whose close association is the equivalent of a family relationship.
Practicalities of Taking Bereavement Leave
The process for utilizing bereavement leave generally begins with the employee notifying their supervisor or the human resources (HR) department as soon as possible. Most company policies establish a standard duration of three to five business days for the loss of an immediate family member. This duration is intended to cover the time needed for mourning, attending services, and managing initial arrangements.
Companies may require documentation to verify the loss and the relationship to the deceased, though this is often handled with sensitivity. Common forms of required documentation can include an obituary, a funeral program, or a death certificate. The leave may be designated as paid or unpaid, depending on the employer’s policy and state law. If the leave is unpaid, employees are often permitted to use accrued paid time off, such as vacation or sick days, to receive compensation during their absence. Employees may also be granted a shorter period of time for the loss of an extended family member.