Bereavement leave is a workplace policy that provides employees with time off to grieve the loss of a loved one, make funeral arrangements, and address matters related to their loved one’s passing.
While no federal law mandates bereavement leave, several states have enacted their own regulations. This guide is designed to help you understand bereavement leave and how Mosey can assist with business compliance.
What Is Bereavement Leave?
Bereavement leave, sometimes called funeral leave, is a period of absence granted to employees after the death of a close family member or loved one.
Employers may offer bereavement leave for immediate family members such as spouses, children, parents, siblings, and grandparents. Some organizations may also extend bereavement leave to include extended family members, friends, or even pets.
How Does Bereavement Leave Work?
The specifics of bereavement leave, such as duration and pay, vary depending on the employer’s policies and state laws.
- Duration: Most companies provide three to five days for immediate family members and one to two days for extended relatives.
- Paid or Unpaid: Bereavement leave can be paid or unpaid, depending on the company and/or state.
- Eligibility: Full-time, part-time, and temporary employees can all be eligible.
Some organizations offer more generous bereavement periods at their discretion.
Why Is Bereavement Leave Important?
Providing bereavement leave reinforces a compassionate workplace culture, supports employees during difficult times, and can improve morale and productivity. It shows your employees that you prioritize their emotional well-being and mental health when they’re dealing with a difficult situation.
By encouraging them to put themselves first in their time of need, you show them that you recognize they’re more than just an employee, and that you value their wellness and individuality.
Is There a Federal Law Related to Bereavement Leave?
The Fair Labor Standards Act (FLSA) does not require employers to offer bereavement leave under most circumstances. However, the Family and Medical Leave Act (FMLA) may still apply if an employee requests to use all of their FMLA time to care for an ailing family member who ultimately passes away during their leave.
Additionally, if the death of a family member impacts an employee’s mental health, they can use FMLA to seek treatment.
FMLA only guarantees funeral leave for employees with an immediate family member on active duty in the U.S. Armed Forces who passes away in a combat zone. Employers are required to provide these employees with three days of FMLA funeral leave.
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Which States Have Bereavement Leave Laws?
Currently, only five states mandate bereavement leave. That said, state laws are constantly evolving, and many states offer other kinds of paid leave and job protections for employees.
Here are the five states:
California
Employers with five or more employees must provide bereavement leave in California. Employees must have been employed for at least 30 days before the leave begins, but the rules may be different for workers covered by a collective bargaining agreement.
- Duration: Up to 5 days per year.
- Qualifying Reasons: Death of a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law.
- Paid or Unpaid: Leave is not required to be paid unless company policy states otherwise.
- Documentation: Employers may require a death certificate, obituary, or official proof of a funeral or cremation service.
Asking for documentation can put employers in an awkward position. Allowing employees to provide proof after the leave has ended may soften the situation.
Illinois
Employers covered by the FMLA — with employees who have worked at least 1,250 hours in the past 12 months — are legally required to provide bereavement leave in Illinois.
- Duration: Up to 10 workdays.
- Qualifying Reasons: Death of a child, spouse, domestic partner, sibling, parent, grandparent, grandchild, or stepparent.
- Paid or Unpaid: Unpaid (unless company policy states otherwise).
- Documentation: Employers may request a death certificate or published obituary.
Note that most obituaries are published online by funeral homes rather than in print news. You can accept a link to an official obituary website as a published obituary.
Maryland
All employers with 15 or more employees are required to provide bereavement leave in Maryland.
- Duration: Employees may use accrued paid leave (e.g., sick or vacation time).
- Qualifying Reasons: Death of a spouse, parent, or child.
- Paid or Unpaid: Paid through accrued leave like sick leave, compensatory time, or vacation time.
- Documentation: The law doesn’t provide a documentation requirement.
It’s important to work with employees to specify what type of accrued paid leave they want to use and whether they would prefer to divide their bereavement time, such as using two days of sick leave and one day of vacation time.
Oregon
Employers with 25 or more employees must provide bereavement leave in Oregon. To be eligible, employees must have worked at least 180 days and averaged 25 hours per week.
- Duration: Up to two weeks of leave.
- Qualifying Reasons: Death of a family member, including extended relatives like grandparents, grandchildren, and in-laws. Oregon law includes all blood relatives, even if they aren’t immediate family.
- Paid or Unpaid: Unpaid unless company policy states otherwise.
- Documentation: The law doesn’t require specific documents.
Oregon has the most generous and extensive definition of family members. As such, it’s important for employers to honor bereavement requests for the death of any family member, even if it seems to be a distant relative.
Washington
All employers are required to provide bereavement leave in Washington regardless of how many people they employ or the type and duration of employment.
- Duration: Up to three days for general bereavement, plus seven additional days for the loss of a child.
- Qualifying Reasons: Death of any family or household member (i.e., a live-in relationship partner).
- Paid or Unpaid: Bereavement leave must be paid. Employees can request additional paid bereavement time via accrued PTO or sick days.
- Documentation: The law doesn’t specify documentation.
Washington is the only state that specifies household members in its bereavement laws. To avoid legal challenges, it’s best to interpret it generously.
Which States Do Not Have Bereavement Leave Laws?
The overwhelming majority of states do not require employers to provide specific bereavement leave. At the time of writing, 45 states do not have bereavement leave laws — the only exceptions are California, Illinois, Maryland, Oregon, and Washington.
Many employers in these states still offer bereavement leave voluntarily. Additionally, some states have leave laws that can include bereavement time. That said, FMLA can only be used for bereavement under specific circumstances.
How To Create a Bereavement Leave Policy for Your Business
If your organization operates in a state with a bereavement leave law, it’s your responsibility to make your employees aware of their rights. If you voluntarily implement a bereavement policy, clearly communicate how it works.
Here are a few things worth defining:
- Eligibility: Specify whether the policy applies to full-time, part-time, or temporary employees.
- Duration: Define how many days are provided for immediate and extended family members.
- Compensation: Clarify whether the leave is paid or unpaid.
- Qualifying Relationships: List the family members or loved ones covered under the policy.
- Documentation: Outline the proof required, such as obituaries or death certificates.
- Notice Requirements: Include guidelines for employees to notify their manager or HR.
In cases where your state has a mandatory bereavement leave, remember that the law is the minimum of what you can offer. You can offer more time, expand your definition of family members, or provide paid time when the law doesn’t require you to.
As long as you don’t fall short of the minimum, your policy is fully compliant.
Maintain Compliance With Mosey
Whether your bereavement leave policy is voluntary or mandated by state law, your employees need to understand how it works.
Employee Handbooks by Mosey simplifies rolling out a multi-state compliant handbook with just a few clicks. Lawyer-approved policies are automatically generated in each state in which you have employees. Add custom bereavement policies and communicate important workplace expectations so your HR team can focus on working with people and helping your business grow.
Book a demo with Mosey to learn how Employee Handbooks can streamline compliance.
