Updated September 27, 2023
A bereavement leave policy describes a company’s regulations on employees taking paid or unpaid time off following the death of a family member. Though certain states require companies to provide bereavement leave, there are no federal mandates.
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What is a Bereavement Leave Policy?
A bereavement leave policy refers to a workplace’s practices for allowing employees to take time off in the wake of a loved one’s death. Employees typically use bereavement leave to grieve, make funeral arrangements, and address any legal or financial matters related to their family member’s passing.
Included Family Members
For policy purposes, “family member” is typically defined as a:
- Spouse
- Child
- Parent
- Sibling
- Grandparent
- Grandchild
- Domestic partner
- Parent-in-law
Most companies offer two to four days of paid or unpaid bereavement leave, though the exact duration depends on the business and circumstances. A company may, for example, give employees more time off following the death of an immediate family member (e.g. spouse, parent, child) versus an extended family member.
Are Employers Required to Offer Bereavement Leave?
There are no federal laws requiring that employers provide bereavement leave. However, the states of California, Illinois, Maryland, Oregon, and Washington have all passed laws mandating that certain businesses offer bereavement leave. Employers in Minnesota are also required to grant at least 10 working days to employees and contractors whose immediate family member has been killed during U.S. military service.[1]
Is Bereavement Leave Paid?
88 percent of businesses offer paid bereavement leave.[2] Even if a company doesn’t offer paid bereavement leave, many will allow employees to take other forms of paid leave like vacation time, sick time, and PTO.
What Should Be Included in a Bereavement Leave Policy?
Though bereavement leave isn’t legally required in most states, bereavement leave policies help mourning employees feel supported.
A bereavement leave policy should include the following details:
Who Qualifies
This section should establish which employees qualify for bereavement leave. The benefit may, for example, only be extended to full-time employees. Or, it may be extended to all employees who have been with the company for a certain period of time.
Eligible Loved Ones
The policy must explicitly define which loved ones are covered by the policy. For example, can an employee take time off to attend a friend’s funeral? Or is leave reserved for immediate family?
Duration
Companies should disclose the amount of leave afforded to employees within a one-year period. This section should also note if employees must take the leave all at once.
Paid vs. Unpaid
Businesses should address if bereavement leave is paid or unpaid. If it is unpaid, the policy should note if employees can take other forms of paid leave.
Request Process
The employer should identify specific steps for requesting bereavement leave. Additionally, companies should address if employees must give advance notice before taking bereavement leave.
Documentation Requirements
The company should establish if employees will be expected to submit documentation (e.g. death certificates, obituaries).
Legal Requirements
As previously noted, bereavement leave is legally mandated by California, Illinois, Maryland, Oregon, and Washington. Contingencies differ depending on the state.
California
In California, employers with five or more employees must provide up to five days of bereavement leave. This leave may be paid or unpaid, depending on the employer. Employees are eligible for bereavement leave if they have been employed for at least 30 days.[3]
- Employees don’t have to take bereavement leave on consecutive days. However, it must be taken within three months of the family member’s death.
- The leave is unpaid, unless there is a paid bereavement leave policy already in place.
Illinois
Effective Jan. 1, 2023, Illinois employers with 50 or more employees must provide up to two weeks—or 10 working days—of unpaid leave following the death of a “covered family member.”[4]
- Employees are entitled to a maximum of six weeks of leave if they experience more than one death of a covered family member in a 12-month period.
- Bereavement leave must be taken within 60 days of the date when the employee receives notice of the event.
- Eligible employees are those who have been employed for at least 12 months or for at least 1,250 hours.
Maryland
Certain employers in the state must allow employees to use earned vacation, sick time, and other forms of paid leave as bereavement leave.[5]
- The employer must be a private company with 15 or more employees.
- The law does not designate the maximum number of days employees can take for bereavement leave.
- Bereavement leave only applies to “immediate family,” which includes a child, spouse, or parent.
Oregon
According to the Oregon Family Leave Act, workers employed by companies with 25 or more employees are entitled to up to two weeks of leave after the death of a family member.[6]
- The employee must have worked an average of 25 or more hours per week for the 180 days prior to the bereavement leave. The employee must have also been employed by the respective employer for more than 180 days.
- Employees must take bereavement leave within 60 days of the date on which they receive notice of their family member’s death.
- Employers are not required to offer paid bereavement leave. However, employees are permitted to use accrued paid leave.
Washington
General government and higher education employees are entitled to three days of paid bereavement leave following a family member’s death.[7]
- The employer may require verification of the family member’s death (e.g. death certificate, obituary).
- In addition to the paid bereavement leave, employees may request to use other forms of earned leave.
Additionally, the Paid Family and Medical Leave (PFML) offers bereavement leave rights to non-government employees in Washington. However, PFML only applies if the employee loses a child and meets other specifications.[8]
Sample
[COMPANY NAME]
BEREAVEMENT POLICY
1. BACKGROUND. The purpose of this policy is to provide employees with the time and space to manage immediate needs following the loss of a loved one. [COMPANY NAME] recognizes that each situation comes with unique challenges. Employees are encouraged to communicate with supervisors to ensure their needs are met as they utilize bereavement leave and transition back to work.
2. ELIGIBILITY. This policy applies to [ALL/FULL-TIME/PART-TIME/EXEMPT/NON-EXEMPT] employees who have completed a minimum probationary period of [MINIMUM EMPLOYMENT DURATION] days of employment with the Company. Contract and temporary employees are not eligible for paid leave under this policy.
3. RELATIONSHIP TO DECEASED. Eligible employees are entitled to take bereavement leave in the event of the death of an immediate family member (spouse, domestic partner, child, parent, or sibling) or a close relative (grandparent, aunt/uncle, niece/nephew, cousin, or in-law).
4. DURATION OF LEAVE. In the event of the death of an immediate family member, eligible employees may take up to [# DAYS] working days of [PAID/UNPAID] leave to attend services, manage affairs, and for personal time. The entitlement in the event of the passing of a close relative is [# DAYS] working days. Employees may elect to use accrued paid time off if additional time is needed. Additional leave may be granted at the discretion of human resources or the relevant supervisor (“management”).
5. NOTICE AND DOCUMENTATION. Employees should management of their intent to take bereavement leave at the earliest opportunity and no later than the day on which leave is to begin. On a case-by-case basis, the Company may request documentation such as a funeral program, obituary, and/or written verification of the employee’s relationship to the deceased.
6. CONFIDENTIALITY. The Company will maintain the utmost discretion and sensitivity in supporting employees through the process of bereavement leave. Information will only be shared with relevant personnel on a need-to-know basis.
EMPLOYEE ACKNOWLEDGEMENT
I, [EMPLOYEE NAME], acknowledge that on [DATE], I received a copy of [COMPANY NAME]‘s Attendance Policy and that I read it, understood it, and agree to comply with it. I understand that [COMPANY NAME] has the maximum discretion permitted by law to interpret, administer, change, modify, or delete this policy at any time, with or without notice.
________________________ Employee Signature
________________________ Printed Name
________________________ Date