Bereavement Leave: A Comprehensive Guide for Employers

As an employer, understanding and implementing bereavement leave policies is crucial in supporting your workforce during emotionally challenging times. While federal law does not mandate bereavement leave, certain states have established specific guidelines, and many employers choose to offer this leave as part of their benefits package. This guide provides employers with the necessary details on bereavement leave, including state regulations, best practices, and policy recommendations.

• What is Bereavement Leave?
• Federal Law on Bereavement Leave
• State-by-State Overview of Bereavement Leave Laws
• States Without Bereavement Leave Laws
• Creating a Bereavement Leave Policy: Key Considerations for Employers
• Best Practices for Employers
• Conclusion
• Effortless Leave Tracking with SecurePayStubs

What is Bereavement Leave?

Bereavement leave allows employees to take time off work to grieve and handle the personal matters related to the death of a family member or loved one. This leave is essential for allowing employees the emotional and logistical time they need after experiencing loss.

Federal Law on Bereavement Leave

There is no federal law requiring private employers to offer bereavement leave. However, the Family and Medical Leave Act (FMLA) allows eligible employees up to 12 weeks of unpaid leave for serious health conditions, which may include the emotional impact of losing a loved one, depending on circumstances. Bereavement leave specifically for grieving, attending funerals, or making arrangements is not covered under FMLA.

State-by-State Overview of Bereavement Leave Laws

Below is a breakdown of states that have implemented bereavement leave laws and guidelines for employers.

1. Oregon Bereavement Leave

• Law: The Oregon Family Leave Act (OFLA) mandates bereavement leave.
• Duration: Up to 2 weeks of unpaid leave within 60 days of the death.
• Eligible Employees: Must have worked for at least 180 days with the employer.
• Paid/Unpaid: Unpaid. Employers may offer paid leave or allow employees to use their PTO.
• Coverage: Applies to the death of immediate family members (spouses, children, parents, siblings, grandparents).

2. Illinois Bereavement Leave

1. Law: The Illinois Family Bereavement Leave Act (FBLA) expands on the Child Bereavement Leave Act.
2. Duration: Up to 2 weeks (10 working days) of unpaid leave.
3. Eligible Employees: Employers with 50 or more employees. Employees must meet FMLA eligibility requirements (employed for 12 months and have worked 1,250 hours in the last year).
4. Qualifying Events: including:
• Death of a family member,
• Children, Spouses, Siblings, Parents, Grandchildren, and Grandparents.
• Other covered events include miscarriage, stillbirth, failed adoption or surrogacy agreement, and unsuccessful fertility treatments.
5. Paid/Unpaid: Unpaid, but employees can use accrued PTO, vacation, or sick days.
6. Notice: Employees must give 48 hours' notice unless impractical.
7. Documentation: Employers may request proof, such as a death certificate or obituary.
8. Retaliation Protection: Employers cannot retaliate against employees for taking bereavement leave.

3. Minnesota Bereavement Leave

• Law: Minnesota grants bereavement leave under specific provisions.
• Eligible Employees: Employees who experience the death of a family member are eligible.
• Paid/Unpaid: Employees receive three days of paid leave.
• Duration: Leave can be taken intermittently within five working days from the initial use, with options for additional unpaid leave. Employees may use accrued vacation, sick leave, or compensatory time to remain in paid status.

4. California Bereavement Leave

Law

• California Assembly Bill 1949 (AB 1949)
• Effective January 1, 2023, California implemented AB 1949, which requires employers to provide bereavement leave to eligible employees.
• The law mandates job-protected leave for employees who have lost a family member.

Eligible Employees

• Employees who have been employed for at least 30 days prior to the commencement of leave.
• Applies to employers with 5 or more employees.
• "Family member" includes Spouse, Child, Parent, Sibling, Grandparent, Grandchild, Domestic partner, Parent-in-law.

Paid/Unpaid

• Unpaid Leave:
• The bereavement leave under AB 1949 is unpaid.
• Employees may use existing accrued paid leave (vacation, personal leave, sick leave) during bereavement leave.
• Employer Policies:
• Employers can choose to provide paid bereavement leave as part of their company policies or collective bargaining agreements.
• "Family member" includes Spouse, Child, Parent, Sibling, Grandparent, Grandchild, Domestic partner, Parent-in-law.

Duration

• Up to 5 days of bereavement leave.
• Leave must be completed within 3 months (90 days) of the date of death.
• The 5 days do not need to be taken consecutively.

Additional Details for Employers

• Documentation Requirements:
• Employers may request documentation within 30 days of the first day of leave.
• Acceptable documents include a death certificate, published obituary, or written verification of death from a funeral home or similar entity.
• Confidentiality:
• Employers must keep any information regarding the bereavement leave confidential.
• Prohibition of Retaliation:
• It is unlawful to discharge, discipline, or discriminate against an employee for exercising their right to bereavement leave.
• Policy Updates:
• Employers should update their employee handbooks and leave policies to comply with AB 1949.
• Coordination with Existing Leave Policies:
• If an employer already provides a bereavement leave policy that offers equal or greater benefits, they may not need to make changes but should ensure compliance with all aspects of the new law.

5. New York Bereavement Leave

• Law: New York State law allows employees to take bereavement leave in the event of an immediate family member's death.
• Eligible Employees: All employees who meet the criteria under their employer’s bereavement leave policy.
• Paid/Unpaid: Typically, bereavement leave is unpaid unless specified by the employer’s policy.
• Duration: Employees are entitled to up to four consecutive workdays for "Death in the Family" leave without it affecting their leave balances.

6. Massachusetts Bereavement Leave

In Massachusetts, bereavement leave is often part of employer policies, though there is no specific statewide mandate requiring it. However, many employers follow common practices to support their employees during times of loss.

Law

• There is no statewide law mandating bereavement leave in Massachusetts for private employers. However, employers typically provide bereavement leave as part of their company policies or in union agreements.

Eligible Employees

• Eligibility for bereavement leave depends on the employer's policy. Typically, both full-time and part-time employees may qualify if specified in the company’s policy.
• Public sector employees may have specific entitlements under collective bargaining agreements.

Paid/Unpaid

• Bereavement leave is generally paid for full-time employees under most employer policies. The specifics, including the number of days and conditions, are determined by the employer.
• Public sector employees and those under union contracts may have different provisions for paid leave.

Duration

• Typically, 4 days of paid bereavement leave are offered, which can be used within 30 calendar days from the date of death or after the funeral.
• Additionally, 1 paid day is usually provided for the death of a brother, sister, grandparent, or grandchild of the employee’s spouse.

7. Washington Bereavement Leave

• Law: No statewide requirement.
• Eligible Employees: Public sector workers and certain private employers may offer leave.
• Paid/Unpaid: Varies by employer policy.
• Coverage: Typically includes immediate family members

States Without Bereavement Leave Laws

Many states do not have specific bereavement leave laws, leaving it up to employers to set their own policies. Common practice in these states includes offering 3 to 5 days of bereavement leave, often paid, for the death of immediate family members. States without mandatory bereavement leave laws include:

• Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Missouri, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, Texas, Virginia, West Virginia, Wisconsin, and Wyoming

Creating a Bereavement Leave Policy: Key Considerations for Employers

While states may not mandate bereavement leave, it’s essential for employers to have a compassionate and consistent policy in place. Below are important factors to consider when creating or refining your company’s bereavement leave policy.

1. Duration of Leave

The industry standard is 3 to 5 days of leave for the death of an immediate family member. Some employers may provide additional time for deaths that require travel or for the loss of a close friend or extended family member.

2. Paid vs. Unpaid Leave

Bereavement leave can be paid or unpaid, depending on your company’s policy. Many employers opt to offer paid leave to support employees during this difficult time. Others may allow employees to use accrued vacation, PTO, or sick days.

3. Definition of Family

Clearly define what constitutes “family” for bereavement leave purposes. Common categories include:

• Immediate family (spouse, children, parents, siblings)
• Extended family (grandparents, aunts, uncles, cousins)
• In-laws and domestic partners
• Close friends (optional, but some companies allow leave for non-family members)

4. Documentation Requirements

Some employers may request documentation, such as a funeral program or obituary, to approve bereavement leave. While this is a reasonable request, it’s important to handle these situations with compassion and understanding.

5. Additional Flexibility

Employers should consider offering flexibility for employees who may need more time due to long-distance travel, cultural mourning practices, or personal healing. Allowing extended unpaid leave or the use of PTO can help employees cope without added stress.

6. Local Laws and Collective Bargaining Agreements

Some local laws or collective bargaining agreements may provide additional rules on bereavement leave. Ensure your policy complies with applicable labor laws and contracts.

Best Practices for Employers

Here are a few best practices for implementing an effective and supportive bereavement leave policy:

1. Show Empathy: Bereavement leave is an emotionally sensitive issue. Offering leave as part of a larger workplace culture of empathy and support can improve employee morale.
2. Communicate Clearly: Ensure that all employees are aware of the company’s bereavement leave policy. Include the policy in the employee handbook and make it accessible online.
3. Offer Support: Beyond bereavement leave, consider offering resources like counseling services or employee assistance programs (EAPs) to help employees cope with their loss.
4. Consistency Is Key: Apply the bereavement policy uniformly to avoid potential discrimination or misunderstandings. All employees, regardless of rank or position, should be treated equally in terms of bereavement benefits.
5. Review and Update Policies: Regularly review your bereavement leave policy to ensure it aligns with current state laws, industry standards, and employee expectations.

Conclusion

As an employer, having a well-defined bereavement leave policy demonstrates that you value your employees' well-being and understand the need for compassion during challenging times. Whether you are in a state that mandates bereavement leave or you voluntarily offer it as part of your benefits package, creating a clear and supportive policy helps foster a positive work environment and can improve employee retention.

By offering flexibility, paid leave options, and emotional support, you can help employees navigate the difficult period following a loss, ensuring they return to work feeling supported by their employer.

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This article has been updated from its original publication date of January 17 , 2025.