Is My Company Required to Offer Bereavement Leave?

After working at his new job for only six weeks, your employee just informed you that his grandmother passed away and is requesting bereavement leave. As a small company, this is the first request for bereavement leave you have ever received.  

How do you know if he qualifies for leave? Should it be paid or unpaid? Does his grandmother passing fit the requirements for bereavement leave? 

I'll answer these questions and more as I provide some details about bereavement. 

What is bereavement leave?  

Bereavement refers to the period of grief and mourning after the loss of a loved one. It is a deeply personal experience that affects individuals in different ways, often impacting their emotional, mental, and even physical well-being.  

The grieving process can be immediate or prolonged, and people may require time away from work to process their loss, make funeral arrangements, and handle other obligations related to the deceased person.  

Am I required to offer bereavement leave? 

In the U.S., there are no federal laws requiring employers to provide bereavement leave, paid or unpaid. However, some states and local governments have enacted laws that require employers to provide some form of bereavement leave. For example:  

• California: California has a law that requires companies with five or more employees to provide up to five days of bereavement leave. This leave is unpaid unless an employee has PTO or sick days available.  

• Illinois: The Illinois Family Bereavement Leave Act allows eligible employees to take up to 10 workdays of unpaid leave following the death of a child, stepchild, or other close relatives.  

• Maryland: Maryland requires some employers to allow employees to accrue and use paid leave for the death of a child, spouse, or parent. 

• Oregon: Under the Oregon Family Leave Act (OFLA), eligible employees can take up to two weeks of leave per family member's death. However, this leave is typically unpaid unless the employee uses available paid time off (PTO) or sick leave.  

• Washington: In Washington, employees may request up to 3 days (7 if it's the death of their child) for paid bereavement leave. 

Other states may not have bereavement-specific leave, but related laws may be tied to bereavement. For example, Colorado’s Healthy Families and Workplaces Act requires employees to accrue paid sick leave, which, by law, can be used for bereavement purposes. And while New York does not require employers to offer bereavement leave, those that do must treat same-sex relationships the same as heterosexual couples. 

Contact your certified HR expert to know if there are state bereavement laws that apply to your company.

When is bereavement leave used?  

Bereavement leave is time used to attend funerals, make necessary arrangements, and begin the grieving process of a loved one without the added stress of work obligations. Typically, bereavement leave is granted for the death of close relatives such as spouses, children (pregnancy loss may be included), parents, and siblings, but some employers may extend this leave to include extended family members, close friends, and even family pets. 

The duration of bereavement leave varies depending on company policies and legal requirements. Most employers offer between three to five days of leave, though some may provide additional time based on circumstances, such as if an employee needs to travel for the funeral or if the deceased was a primary dependent.  

Can I offer more than one type of bereavement plan? 

As an employer, you are always welcome to offer more than what is required by federal, state, and/or local laws. Some companies provide multiple bereavement plans, where one is a paid plan for immediate family members and the other is an unpaid bereavement plan for extended relationships. While details such as paid or unpaid and number of days provided are up to you as the employer, you must offer the same benefit to all employees within the same level at your company to avoid disparate treatment. 

Employer Considerations for Bereavement Leave  

Even if bereavement leave is not legally required, you may want to offer it as part of your employee benefits package. Here are some best practices to consider. 

1. Develop a Clear Bereavement Leave Policy 

Within your employee handbook, include a bereavement leave policy where you outline who is eligible for leave, how long the leave lasts, which relationships qualify, and if proof is required. Specify whether the leave is paid or unpaid and include provisions for additional leave requests beyond the standard policy.  

2. Provide Flexibility 

Employees may need more time than the standard leave period, especially if travel is required. Consider allowing employees to use PTO, sick leave, or unpaid leave to extend their time off.  

3. Offer Support Resources 

Grief counseling services, Employee Assistance Programs (EAPs), or peer support groups can help employees navigate their loss. Encourage a workplace culture that acknowledges grief and provides accommodations where possible.  

4. Train Managers on Sensitivity 

Train your managers to handle bereavement situations with empathy and understanding. They need to know how to compassionately communicate with grieving employees while informing them of their leave options. Employees should never feel like it's a choice between losing their job and mourning their loved ones. 

5. Consider Remote or Flexible Work Options 

Some employees may prefer to return to work gradually or work remotely for a short period as they readjust.  

What is the standard bereavement leave offered in the U.S.?  

The standard bereavement leave offered by employers in the U.S. typically ranges from three to five days for the loss of an immediate family member. However, policies vary significantly among companies, with some offering additional unpaid leave or allowing employees to use other forms of paid leave to extend their time away.  

Is bereavement leave a one-time benefit per year, or ongoing per loss? 

Most companies do not place a limit on how often employees can claim bereavement simply because of the unknown. If, however, an employee has multiple losses within a short amount of time, you may empathetically discuss options for additional time off. In your bereavement policy, you may simply state it is available on an as-needed basis and will be addressed case by case, taking into consideration the company's needs at the time. 

Do most companies offer paid bereavement leave? 

According to a 2024 survey by the International Foundation of Employee Benefit Plans, 88.7% of employers who offer paid leave include bereavement as a form of available paid leave at their organization. In other words, if your company offers any form of paid leave, it would be highly likely for a company like yours to include paid leave for bereavement as a benefit to employees. 

Does bereavement leave increase with employee tenure? 

Bereavement leave policies do not usually change with tenure, though some employers may offer additional leave or greater flexibility to long-term employees as part of an enhanced benefits package. In contrast, newer employees may have fewer leave options if they have not yet accrued PTO or sick leave. Companies with tiered benefits structures sometimes provide more comprehensive bereavement leave with either paid or unpaid time for employees who have been with the company for a longer period.  

In the case of your new employee who has only been there 6 weeks, you will be setting a precedent by either allowing him to take bereavement leave, paid or unpaid, or rejecting his request. You need to be prepared to treat future employees the same to avoid disparate treatment. 

“Do I qualify for bereavement pay?” How to handle bereavement leave requests

While employees should be encouraged to notify you as soon as possible after a loss, your company policy should provide a straightforward and compassionate process for requesting leave. Your policy should also clarify whether proof of bereavement is required.

Approvals should be handled promptly and with sensitivity, ensuring the employee feels supported during their time of grief. If the employee needs additional time, you might discuss available options, such as using PTO, sick leave, or unpaid leave.

Be sure to coach your managers to be sensitive when talking with employees about available leave and their needs. “I’m so sorry for your loss” and “My thoughts are with you at this time” are great statements to include when discussing options.

Can sick leave be used for bereavement leave?  

In some cases, sick leave may be used for bereavement leave, depending on company policy and state laws. Some employers allow employees to use their accrued sick leave for bereavement, while others may require a specific bereavement leave policy. Employees should check with their HR department to understand their options.

What is considered bereavement leave proof?  

If your company decides to require documentation to approve bereavement leave, common forms of proof may include:  

• A death certificate  
• An obituary or funeral program for memorial services 
• A statement from the funeral home or officiant  
• Any legal document proving the employee’s relationship to the deceased (e.g., birth certificate, marriage certificate)  

Employees should check with human resources (HR) to understand what specific proof is required, as policies vary by employer. Remember that if you require proof of bereavement from one employee, ask for proof from all employees to avoid the appearance of disparate treatment.

Who is considered an immediate family member for bereavement leave?  

The definition of an immediate family member for bereavement leave varies by employer and jurisdiction. Generally, a covered family member includes:  

• Spouse or domestic partner  
• Children (biological, adopted, stepchildren, or foster children)  
• Parents (biological, adoptive, step-parents, or legal guardians)  
• Siblings (biological, adopted, or step-siblings)  
• Grandparents and grandchildren  

Some employers may also recognize in-laws, aunts, uncles, or close personal relationships, depending on their policies. Employees should review their company’s specific policy or consult HR for clarification.  

What can be used as proof of domestic partnership for bereavement leave? 

If your company requires proof of a domestic partnership to qualify for bereavement leave, employees may provide any of the following documentation:  

• A domestic partnership certificate (if applicable in their state or jurisdiction)  
• Joint lease or mortgage agreement showing shared residence  
• Shared bank account or utility bills in both names  
• Affidavit of domestic partnership signed by both partners  
• Beneficiary designation forms for life insurance or retirement accounts listing the partner 

Employees should check with their HR department to confirm which documents are acceptable based on company bereavement policy. Again, remember that if you require proof from one employee, you must be consistent with requiring proof from all employees to avoid disparate treatment.

What should employees know regarding their rights and responsibilities for bereavement leave?

If you are an employee requesting paid or unpaid leave, here are key points for you to consider:  

1. Understand Company Policies 

Review your employee handbook or speak with HR to know if your company offers bereavement, and if so, to clarify your company's policy. Determine whether leave is paid or unpaid and if additional leave can be arranged.  

2. Communicate with Your Employer 

Notify your employer as soon as possible after the loss. Provide any required documentation, such as a death certificate, if requested.  

3. Consider Additional Leave Options 

If bereavement leave is insufficient, explore options like PTO, sick leave, or unpaid bereavement leave. If your manager does not bring up any of these options, ask! You may be the first person needing to explore additional options. 

4. Seek Emotional Support 

Utilize available resources such as counseling services, an EAP, or support groups to cope with grief.  

Conclusion

Bereavement leave is an important workplace policy that helps employees manage grief and fulfill their responsibilities following the death of a loved one. While laws governing bereavement leave vary, many employers recognize its importance and provide paid and unpaid time as part of their benefits package.   

Both employers and employees should understand their rights and responsibilities, ensuring that grief is handled with compassion and care in the workplace. By fostering a supportive environment, companies can enhance employee well-being and loyalty while ensuring business operations continue smoothly.  

For more information or to get help with customizing your policy, please contact your certified HR expert. Not a current Stratus HR client? Request a free consultation and our team will contact you shortly. 

Sources: 
nfp.com
employmentlawhq.com 
business.com 
rbrlawgroup.com 
peoplekeep.com