Bereavement leave is an important employee benefit that supports workers while they cope with one of the most challenging life events — the loss of a loved one. Employers must develop a comprehensive bereavement leave policy that aligns with federal and state laws while addressing employee needs.
This guide provides a detailed overview of creating and managing an effective bereavement leave policy, including key considerations and best practices for policy implementation. We’ll also share how Mosey can lend a hand with corporate compliance.
What Is Bereavement Leave?
Bereavement leave is time off granted to employees following the death of a family member. This leave of absence allows employees to grieve, handle funeral arrangements, and manage other responsibilities without the added stress of work obligations.
Unlike sick leave, which is typically used for health issues, bereavement leave is specifically designated for dealing with the death of a family member or significant individual in an employee’s life.
Some states have specific bereavement leave requirements. For example, California’s bereavement leave requires that employers provide employees with up to five days of bereavement leave.
Why Is Bereavement Leave Important?
The importance of bereavement leave is easy to understand. For one, it’s unreasonable to expect an employee to come to work after they’ve suffered the devastating loss of a loved one.
Most companies without a formal bereavement policy still give employees up to three unpaid workdays to grieve or attend a funeral. However, many employees find a bare minimum policy insensitive.
Organizations driven to foster a strong work culture should go the extra mile to demonstrate their commitment to their employees’ wellness. Bereavement is a period of intense emotional strain, and it’s essential for dedicated companies to create a policy that prioritizes employee needs during such a trying time.
What Are the Core Components of a Bereavement Leave Policy?
A bereavement policy should have clear definitions regarding who can use the policy, when they’re eligible to use the policy, and how the policy integrates with your company’s existing leave procedures.
Clearly defining your bereavement policy in employee literature (like your employee handbook) can help prevent confusion when grieving employees would significantly benefit from clarity.
How Are Family Members Defined?
A straightforward definition of who qualifies as a family member under the bereavement leave policy is necessary:
Immediate Family Members: Immediate family members usually refer to an employee’s spouse, domestic partner, children (including stepchildren and foster children), parents, and stepparents.
Extended Family: Extended family may include grandparents, in-laws (such as a parent-in-law), and siblings.
Other Loved Ones: Depending on your organization’s approach, your policies can also address bereavement leave for significant others (like boyfriends or girlfriends) or close friends. Clearly define “other loved ones” to avoid the appearance of picking and choosing when an employee can use bereavement leave.
Some organizations choose to offer bereavement leave for immediate family members exclusively. You can decide the generosity and leniency of your bereavement leave policy — just remember that everyone should be treated equally under your procedures.
Eligibility and Entitlement
Eligibility for bereavement leave should be outlined, specifying which workers are entitled to use this employee benefit:
Full-Time and Part-Time Employees: Specify whether both full-time and part-time workers are considered eligible employees and, if so, whether there are differences in the amount of leave granted.
New Hires: Define any waiting periods or requirements for new hires to qualify. You can treat bereavement leave as a benefit, only making it available once an employee is eligible for the rest of their package.
It’s best to set uniform standards for eligibility and entitlement that focus on the level of commitment to your workplace. For example, a full-time manager shouldn’t have a better bereavement arrangement than a full-time secretary.
Duration of Leave
Your bereavement policy should also specify the number of days of bereavement leave provided to employees:
Days of Bereavement Leave: Commonly, employers provide three to five days of paid bereavement leave. However, this can vary based on company size, location, and industry norms.
Additional Leave: Address whether employees can request additional unpaid leave or use paid time off (PTO) or sick leave (PSL) for extended bereavement needs.
Some employers provide options for extending bereavement leave, as some people may not feel ready to return to work five days after their spouse passes away. Outline what steps an employee should take to receive extended bereavement leave if you intend to offer more time.
Paid vs. Unpaid Leave
Define the distinction between paid and unpaid bereavement leave. Specify when employees can use other types of paid or unpaid leave to extend their bereavement time.
Paid Time Off (PTO): Determine the number of paid days and whether these days are part of the employee’s regular PTO or a separate allocation.
Unpaid Leave: Specify conditions under which additional time off may be taken as unpaid leave and how this interacts with other types of leave like sick leave or FMLA.
Some employers allow employees to use PTO with short notice for bereavement leave, which doesn’t come from a separate allocation. PTO and bereavement leave do not necessarily need to be different, but employees must understand whether they are.
Documentation Requirements
Employers should specify what documentation is required to request bereavement leave. However, documentation is not necessarily required, especially if an employee only takes an unpaid day or two off of work.
Death Certificate: Indicate if a death certificate or other documentation is needed to validate the leave request. You don’t have to impose this requirement if you don’t want to, but employers who offer extensive paid bereavement leave are wise to implement a requirement to prevent dishonest employees from taking advantage of this benefit.
Leave Request Process: Outline the procedure for requesting bereavement leave, including any forms that must be completed and how much advance notice is required. Advance notice may be helpful if an employee must travel for a funeral, but advance notice cannot be given for an unexpected death.
Sensitivity remains essential when requesting bereavement documents. An employee may not be in the right headspace to receive a request for a loved one’s death certificate so soon after they’ve passed, especially if it may give the impression that you don’t believe them. Carefully consider how to approach document requests when necessary.
Interactions With Other Leave Policies
Clarify how bereavement leave interacts with other types of leave.
Family and Medical Leave Act (FMLA): Explain if bereavement leave counts toward FMLA leave, especially if the employee’s need extends beyond the standard bereavement leave period.
Sick Leave: Address whether bereavement leave is separate from sick leave or if employees can use sick leave for additional time off.
Employees are legally entitled to use up to 13 sick days per year for bereavement. If your sick leave policy is intended to include bereavement, grieving employees must understand this from the beginning rather than expecting an additional 13 days if they need to extend their time.
State Laws and Collective Bargaining Agreements
Ensure your policy complies with state laws and any applicable collective bargaining agreements.
Be aware of specific state regulations regarding bereavement leave, which may mandate minimum leave requirements or additional protections.
If applicable, integrate any provisions related to bereavement leave from collective bargaining agreements into your policy. Some collective bargaining agreements may require that bereavement time be regarded as completely separate from other types of paid or unpaid time off.
Your state may have laws directly related to sick leave, medical leave, or paid time off. Your bereavement leave policy cannot conflict with your state’s laws as they are written. You may offer additional time off, but you can never offer less than what your state requires.
Communication and Employee Handbooks
Communicate the bereavement leave policy clearly to employees. Include the bereavement leave policy in the employee handbook, ensuring all employees can access and understand the policy.
HR managers should be trained to explain the policy to employees and handle any questions or concerns. The bereavement leave policy typically extends to more than just managing and approving requests; it helps train HR to communicate with grieving workers who may require specialized social support.
If you ever change your bereavement policy, you must communicate these changes to your employees as quickly as possible. You don’t want them to find out that things have changed only when they attempt to use their bereavement time.
How To Provide Additional Support to Grieving Employees
Employers are not obligated to provide social or emotional support to grieving workers. Still, organizations that heavily emphasize a warm workplace culture may want to contemplate additional types of support they can provide employees during their time of need.
Grieving people are comforted by the support of those around them. Your employees are often friends with each other outside of work, and workplace awareness can make the situation uncomfortable. People may not know what to say when an employee initially requests bereavement leave or returns to work after their bereavement period.
Many HR teams find it helpful to provide a condolence card that employees who know the bereaved employee (or the deceased) can sign and send to the worker. Sending flowers on behalf of the company can also be an appropriate and thoughtful gesture.
It’s best not to address an employee’s grief on an office-wide scale, especially if the employee is generally a private person and the majority of the people who work in your office don’t have a relationship with the deceased. Keep gestures modest and low-key, respecting the bereaved employee’s privacy.
Stay Compliant With Mosey
Many states have adopted their own laws regarding employee leave, most of them more generous than federally mandated requirements. Understanding how your state’s laws impact your bereavement policy and how to maintain compliance is important.
Mosey’s compliance compliance platform allows employers and HR teams to review state-specific compliance requirements and automate new requirements into their employee handbook to ensure the organization operates within state law requirements.
Schedule a free consultation with Mosey to learn how we make compliance simple.
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