Bereavement leave is a period of paid or unpaid time off granted to employees following the death of a family member or close friend, allowing them to grieve and attend funeral services. This leave is typically provided as part of an employer's benefits package.
How bereavement leave works
Bereavement leave allows employees to take time off work to cope with the loss of a loved one, make funeral arrangements, and attend memorial services. The specifics of bereavement leave, such as the duration and whether it is paid or unpaid, can vary depending on the employer's policy.
Is bereavement leave required by law?
Bereavement leave is not mandated by federal law in the United States. However, some state laws and local regulations require employers to provide bereavement leave:
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California
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All employers with 5 or more employees.
All employees who have been employed for at least 30 days before the beginning of the bereavement period.
Doesn’t apply to employees covered by a collective bargaining agreement.
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Up to 5 days
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Upon the death of a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law
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Leave does not have to be paid
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Illinois
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All employers with 50 or more employees covered by the FMLA.
All employees who have worked at least 1,250 hours in the 12-month period before the beginning of the bereavement period.
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Up to 10 workdays
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Upon the death of a “covered family member,” which can include a child, stepchild, spouse, domestic partner, sibling, parent, parent-in-law, grandparent, grandchild, or stepparent
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Leave does not have to be paid
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Maryland
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All employers with 15 or more employees
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Leave is accrued and earned over time
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Upon the death of a child, spouse, or parent
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Leave is paid (taken from accrued sick, vacation, and compensatory leave)
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Oregon
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All employers with 25 or more employees. All employees who have worked at least 180 calendar days and an average of 25 hours per week before the beginning of the bereavement period.
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Up to 2 weeks
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Upon the death of a spouse, domestic partner, child, parent, parent’s spouse, sibling, stepsibling, grandparent, grandparent’s spouse, grandchild, grandchild’s spouse, or any other individual related by blood
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Leave does not have to be paid
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Washington
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All employers and employees
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Up to 3 days. In case of the death of a child, up to 7 days.
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Upon the death of a family member or household member
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Leave must be paid, and employees may ask for additional paid leave from accrued vacation, holidays, sick leave, compensatory time, or personal days
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Why you should provide bereavement leave
Providing bereavement leave as a part of your employee benefits package demonstrates compassion and support for employees during a challenging time. It helps employees manage their grief and responsibilities without the added stress of work obligations. Offering bereavement leave can also improve employee morale and loyalty, fostering a positive work environment and increasing employee engagement.
How do you write a bereavement leave policy?
Creating a bereavement leave policy means outlining your company’s guidelines and procedures for requesting and taking bereavement leave. A well-defined policy provides clarity and fairness to employees. After creating your policy, be sure to include it somewhere employees can easily access and reference it, like your employee handbook.
What to include
- Eligible employees: Specify which employees are eligible for bereavement leave (e.g., full-time, part-time, temporary).
- Qualifying relationships: Define the types of relationships that qualify for bereavement leave, such as immediate family members, extended family, and close friends.
- Duration: State the number of days of bereavement leave employees can take, as well as whether they can take additional time from other leave, like their accrued vacation days or sick leave.
- Request procedure: Explain how employees should request bereavement leave, including any required documentation or notice.
How long should bereavement leave be?
The amount of time allocated for bereavement leave typically ranges from 3 to 5 days for the death of an immediate family member. Some employers may offer more bereavement time—you can even offer weeks of leave; there’s no limit—depending on the relationship and the specific circumstances. The important thing is for employers to consider the needs of their employees and provide adequate time for grieving and attending funeral services.
Paid or unpaid?
Bereavement leave can be offered as either paid or unpaid leave, depending on the employer's policy. Paid time off provides financial support during a difficult period, which can help employees focus on their loss without worrying about income. Unpaid leave, while not offering financial compensation, still ensures employees have the necessary time to mourn and handle funeral arrangements.
Who qualifies for bereavement leave?
Eligibility for bereavement leave generally includes full-time and part-time employees.
Most policies cover the death of an immediate family member, such as parents, spouses, children, siblings, and sometimes extended family members or close friends. Depending on how the policy is written, foster children and other dependents may also qualify.
Should you ask for proof of loss?
While it is generally not required, some employers may ask for proof of loss, like a death certificate or obituary, to verify the need for bereavement leave. This can help prevent misuse of the leave policy while respecting the employee's privacy and grief.
How to support employees after a loss
Supporting employees after a loss can help maintain a supportive, compassionate workplace. Human resources can play a key role in this by:
- Allowing flexible schedules or remote work to help employees transition back to work at their own pace.
- Providing access to counseling services and support groups to help employees cope with their grief.
- Encouraging open communication and offering additional time off if needed.
- Acknowledging the employee's loss and offering condolences.
Frequently asked questions about bereavement leave
What is bereavement leave and how is it different from other types of leave?
Bereavement leave is a period of time off given to employees after the death of a loved one to allow them to grieve and attend funeral services. Unlike other types of leave such as sick leave or vacation, bereavement leave specifically addresses the need for time off due to a death in the family.
Can employees use bereavement leave for the death of a close friend?
This depends on the employer's bereavement leave policy. While many policies cover the death of immediate family members, some may also include close friends or extended family members. Employees should check their company's specific policy for details.
Are part-time employees eligible for bereavement leave?
Eligibility for bereavement leave varies by employer. Some companies extend bereavement leave benefits to part-time employees, while others may limit benefits to full-time employees.
Does the Family and Medical Leave Act (FMLA) mandate bereavement leave?
No, the Family and Medical Leave Act (FMLA) does not mandate bereavement leave. The FMLA provides eligible employees with up to 12 weeks of unpaid leave for specific family and medical reasons, but it does not include provisions for bereavement leave. Employers may choose to offer bereavement leave as a separate benefit.
Is bereavement leave different from funeral leave?
Bereavement leave and funeral leave may be considered different types of leave, but this depends on the employer's policy. Many employers expect their workers to use bereavement leave to plan and attend funerals, while others offer separate leave for attending funeral services.
Disclaimer: Rippling and its affiliates do not provide tax, accounting, or legal advice. This material has been prepared for informational purposes only, and is not intended to provide or be relied on for tax, accounting, or legal advice. You should consult your own tax, accounting, and legal advisors before engaging in any related activities or transactions.