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 related needs after a death. It’s a critical type of leave that supports employee well-being during life’s most difficult moments.
While no federal law mandates bereavement leave, six states have enacted their own regulations. This guide helps employers understand how bereavement leave varies by state and how Mosey can assist with business compliance.
Key Takeaways
- Six states—California, Illinois, Maryland, Oregon, Vermont, and Washington—currently require employers to offer bereavement leave, though the required circumstances, terms, and amount of leave differ significantly.
- No federal bereavement leave law exists, but FMLA may apply in limited circumstances involving military deaths or when grief impacts an employee’s mental health.
- Creating a clear bereavement leave policy protects your business and shows employees you value their wellness beyond their work output.
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. This time allows employees to process grief, attend a memorial service or visitation, and handle estate matters.
Employers may offer bereavement leave for immediate family members such as spouses, children, parents, siblings, and grandparents. Some organizations extend coverage to include extended family members, domestic partners, or close friends.
How Does Bereavement Leave Work? Terms and Amount of Leave
The specifics of bereavement leave—duration, pay, and eligibility—vary depending on employer policies and state laws. Here’s how most policies work:
- Duration: Most companies provide three to five days for immediate family members and one to two days for extended relatives. How much bereavement leave an employee receives often depends on their relationship to the deceased.
- Paid or Unpaid: Bereavement leave can be paid or unpaid, depending on the company and state. Some employers allow employees to use vacation leave, personal leave, or annual leave to extend their time off.
- Eligibility: Full-time, part-time, and temporary employees can all be eligible for bereavement leave, though policies vary by employer.
Some organizations offer more generous bereavement periods at their discretion, recognizing that grief doesn’t follow a predictable timeline.
Why Is Bereavement Leave Important for Employees?
Providing bereavement leave reinforces a compassionate workplace culture, supports employees during difficult times, and improves morale and productivity. It shows your team that you prioritize their emotional well-being when they’re dealing with loss.
By giving employees time to grieve without worrying about work, you demonstrate that you recognize them as more than workers. This investment in employee wellness pays dividends in loyalty and engagement.
Is There a Federal Law Related to Bereavement Leave?
The Fair Labor Standards Act (FLSA) does not require employers to offer bereavement leave. However, the Family and Medical Leave Act (FMLA) may apply while an employee is caring for a family member with a serious health condition. That’s true even though FMLA generally does not provide bereavement leave after the family member passes away.
If the death of a family member impacts an employee’s mental health, they can use FMLA to seek treatment.
Also, FMLA doesn’t guarantee funeral or bereavement leave, even when a family member dies while serving in the U.S. Armed Forces. That said, separate federal rules give certain federal government employees up to three days of paid funeral leave when an immediate relative dies as a result of service in a combat zone. Just note that this benefit is distinct from FMLA and doesn’t apply to most private‑sector employers.
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Which States Require Employer Bereavement Leave Policies?
Currently, six states mandate bereavement leave for employers. State laws continue evolving, and many states offer other paid leave and job protections available to employees.
| State | Employer Size | Duration | Paid or Unpaid | Covered Relationships |
|---|---|---|---|---|
| California | 5+ employees | Up to 5 days | Unpaid | Spouse, child, parent, sibling, grandparent, grandchild, domestic partner, parent-in-law |
| Illinois | 50+ employees | Up to 10 days | Unpaid | Spouse, child, parent, sibling, grandparent, grandchild, domestic partner, stepparent |
| Maryland | 15+ employees | Use accrued leave | Paid (via accrued leave) | Spouse, parent, child |
| Oregon | 25+ employees | Up to 2 weeks | Unpaid | All family members including extended relatives and in-laws |
| Vermont | 10+ employees | Up to 2 weeks | Unpaid | Spouse, domestic partner, child, parent, grandparent, grandchild, sibling, in-laws, caregiving relationships |
| Washington | Varies by mandate | Varies by mandate | Varies by mandate | Family and household members as defined by applicable mandate |
Here are the details for each state:
California
Employers with five or more employees must provide bereavement leave in California. Employees must have worked at least 30 days before the leave begins, though rules may differ for workers covered by a collective bargaining agreement.
- Duration: Up to 5 days per death.
- Qualifying Reasons: Death of a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law.
- Paid or Unpaid: Unpaid bereavement leave unless company policy states otherwise.
- Documentation: Employers may require a death certificate, obituary, or official proof of a funeral or cremation service.
California also provides separate reproductive loss leave—up to 5 days following a miscarriage, stillbirth, failed adoption, or failed surrogacy.
Illinois
Employers covered by FMLA—with employees who have worked at least 1,250 hours in the past 12 months—must provide bereavement leave in Illinois.
- Duration: Up to 10 workdays. Employees at large employers (250+ employees) can take up to 12 weeks of unpaid leave following the death of a child by suicide or homicide.
- Qualifying Reasons: Death of a child, spouse, domestic partner, sibling, parent, grandparent, grandchild, or stepparent. Illinois also covers pregnancy loss, including miscarriage, stillbirth, and failed fertility treatments.
- Paid or Unpaid: Unpaid leave unless company policy states otherwise.
- Documentation: Employers may request a death certificate or published obituary.
Most obituaries are now published online by funeral homes rather than in print. Accept a link to an official obituary website as valid documentation.
Maryland
All employers with 15 or more employees must provide bereavement leave in Maryland.
- Duration: Employees may use accrued paid leave (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 specify documentation requirements.
Work with employees to determine which type of accrued leave they want to use for their bereavement time.
Oregon
Employers with 25 or more employees must provide bereavement leave in Oregon. Eligible employees must have worked at least 180 days and averaged 25 hours per week.
- Duration: Up to two weeks per family member, with a maximum of four weeks per year.
- Qualifying Reasons: Death of any family member, including extended relatives like grandparents, grandchildren, and in-laws. Oregon law covers all blood relatives.
- Paid or Unpaid: Unpaid unless company policy states otherwise.
- Documentation: The law doesn’t require specific documents.
Oregon has the most expansive definition of family members. Honor bereavement leave requests for any family member, even distant relatives.
Vermont
As of July 2025, Vermont’s Parental and Family Leave Act explicitly includes bereavement as a qualifying reason for unpaid, job‑protected leave for eligible employees at covered employers.
- Duration: Unpaid bereavement leave taken from the employee’s available Parental and Family Leave entitlement (up to 12 weeks in a 12‑month period), subject to statutory limits.
- Qualifying Reasons: Death of a spouse, civil union partner, domestic partner, child, parent, grandparent, grandchild, sibling, or certain individuals for whom the employee has caregiving responsibilities.
- Paid or Unpaid: Unpaid, but employees may use accrued paid leave (such as vacation or sick time).
- Documentation: Employers may request reasonable proof such as a death certificate, obituary, or verification from a funeral home or religious organization, applied with sensitivity.
Vermont’s updated law offers one of the broadest definitions of family members in the country and clearly recognizes bereavement as a protected reason for taking time away from work.
Washington
Bereavement leave in Washington does not include a definitive, stand‑alone bereavement statute like some other states. However, employees may have bereavement‑related protections through state leave programs and employer policies.
- Duration: Time off for end‑of‑life care or related needs may be available under Washington’s Paid Family and Medical Leave (PFML) program and employer leave policies.
- Qualifying Reasons: Leave connected to a family member’s serious health condition, certain family‑related events, and, where offered by employers, funeral and memorial attendance for covered family or household members.
- Paid or Unpaid: PFML can provide partial wage replacement for qualifying absences. Also, employer bereavement policies may be paid or unpaid, and employees can often use PTO or sick leave.
- Documentation: Employers may seek reasonable documentation (for example, PFML claim confirmation or funeral details) while being flexible in light of the employee’s loss.
Since Washington’s protections stem from multiple laws and programs rather than a single bereavement statute, employers should coordinate their bereavement practices with PFML, sick leave, and internal PTO policies. This will help ensure consistent, compliant coverage for employees coping with loss.
Further, as of July 1, 2026, Washington significantly expands PFML-granted bereavement leave (under Senate Bill 5217) to seven paid days (up from three), usable within 12 months of a qualifying family member’s death.
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Which States Do Not Have Bereavement Leave Laws?
The majority of states do not require employers to provide bereavement leave. Currently, 44 states lack dedicated bereavement leave laws—the exceptions are California, Illinois, Maryland, Oregon, Vermont, and Washington.
Many employers in these states still offer bereavement leave voluntarily. Colorado and Minnesota allow employees to use paid sick leave for bereavement-related needs, and Minnesota’s Paid Family and Medical Leave program (launched January 2026) may provide additional support during bereavement periods.
FMLA can only be used for bereavement under specific circumstances, so most employers choose to offer a separate bereavement benefit.
How To Create a Bereavement Leave Policy for Your Business
If your organization operates in a state with a bereavement leave law, you must make employees aware of their rights. If you voluntarily implement a bereavement leave policy, clearly communicate the terms so employees understand what’s available to them.
Your human resources team should define:
- Eligibility: Specify whether the policy applies to full-time, part-time, or temporary employees. Clarify who is eligible for leave and any waiting periods.
- Duration: Define the amount of leave provided for immediate family versus extended family members.
- Compensation: Clarify whether the leave is paid or unpaid, and whether employees can take additional unpaid days if needed.
- Qualifying Relationships: List who qualifies for bereavement leave—immediate family, extended relatives, domestic partners, or chosen family.
- Documentation: Outline required proof, such as obituaries or death certificates, and when it must be submitted.
- Notice Requirements: Include guidelines for employees to submit a bereavement leave request and whether supervisor approval is required.
- Payroll Impact: Explain how bereavement leave interacts with payroll, including whether it’s tracked separately from PTO or parental leave.
Remember that state law sets the minimum. You can give employees more time, expand your definition of family, or provide paid leave when the law doesn’t require it.
Maintain Compliance With Mosey
Whether your bereavement leave policy is voluntary or mandated by state law, your employees need clear terms explaining 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 for each state where you have employees. Add custom bereavement policies and communicate important workplace expectations so your human resources team can focus on supporting people and growing your business.
Book a demo with Mosey to learn how Employee Handbooks can streamline compliance.
Bereavement Leave FAQ
Is Bereavement Leave Required by Law?
No federal law requires bereavement leave. However, six states—California, Illinois, Maryland, Oregon, Vermont, and Washington—mandate it for eligible employees. In other states, bereavement leave is voluntary but widely offered as a benefit.
Is Bereavement Leave the Same As PTO?
No. Bereavement leave is a separate type of leave specifically for grieving a death and handling related needs. PTO is general paid time off that employees can use for any reason. Some employers allow employees to supplement bereavement leave with PTO if they need additional time.
What Should Be Included in a Bereavement Leave Policy?
A bereavement leave policy should include eligibility requirements, the amount of leave available, qualifying relationships, whether leave is paid or unpaid, documentation requirements, notice procedures, and payroll treatment. Clear policies help both employees and managers navigate difficult situations with less confusion.
Is Bereavement Leave Paid or Unpaid?
It depends on your state and employer. While no state mandates paid bereavement leave as a stand‑alone benefit, Washington’s Paid Family and Medical Leave program can provide wage replacement for certain qualifying absences. Other states with mandates allow unpaid bereavement leave, though employees may use accrued vacation leave or sick time. Many employers voluntarily offer paid bereavement leave as a competitive benefit.
Does Bereavement Leave Cover Immediate Family Only?
Not always. While most policies prioritize immediate family members—spouses, children, parents, and siblings—many states and employers expand coverage. Oregon covers all blood relatives. Vermont includes anyone the employee provides caregiving for. Illinois and California also cover reproductive loss events like miscarriage and stillbirth.
Should Employers Ask for Proof of Death?
You can request documentation, but approach it sensitively. Acceptable proof includes death certificates, published obituaries, or funeral service information. Consider allowing employees to provide documentation after returning from leave rather than requiring it upfront during an already difficult time.
How Does Bereavement Leave Affect Payroll?
Bereavement leave should be tracked separately from PTO in your payroll system. If leave is paid, process it like regular wages. If unpaid, ensure payroll reflects the absence accurately. Some employers allow employees to use accrued paid leave to cover bereavement time, which requires coordination between HR and payroll to ensure proper coding.
