Bereavement Leave: What It Is and How to Build a Policy

Bereavement leave is paid or unpaid time away from work that an employer provides to an employee after the death of a family member or loved one. Federal law generally doesn’t require employers to provide it, but a growing number of states now mandate some form of bereavement leave. Even where leave isn’t legally required, many employers offer it as a competitive benefit and as a basic form of support for employees during a loss.

When drafting a bereavement leave policy, it's helpful to understand applicable laws, the types of leave available, and other resources that may assist employees during such a challenging time.

What Is Bereavement Leave?

Employers may define bereavement leave eligibility and qualifications within a formal written policy or employee handbook to educate employees and help ensure consistency across the organization. Generally, this type of leave ranges from a few days off to mourn a loved one's passing to several weeks, if needed, to make funeral arrangements and tend to an estate. As a benchmark, employers new to policy design often start with three to five days off for the death of an immediate family member. State law may dictate minimum requirements in some jurisdictions.

Bereavement leave is also distinct from funeral leave. Outside of a bereavement leave policy, companies may grant funeral leave to employees, which typically is a shorter leave, to attend the funeral or memorial services of an individual not covered under the bereavement policy.

How Does Bereavement Leave Work?

Generally, a company will develop a written policy to inform employees of their eligibility and leave entitlement. An employee may need to request bereavement leave and speak with their manager when taking time away from work. As the grieving process and personal obligations related to the passing of a friend or family member can vary widely, employers may need to be flexible and consider the possibility that employees may need additional time.

What Qualifies for Bereavement Leave?

A bereavement policy may indicate that the person who died must have a qualifying relationship to the employee. Commonly covered relationships include:

• Parent
• Spouse or domestic partner
• Child (in some cases this could include a reproductive loss event)
• Sibling

The length of the leave may also change depending on the personal relationship between the employee and their loved one. Employers typically grant more time for the death of an immediate family member, but may allow some flexibility within a bereavement leave policy. The definition of "immediate family" varies by state law, so it's wise to align your policy with the broadest definition that applies to your workforce. Your company should also follow any applicable state or local laws when developing its policy, including whether to request proof of loss, such as a death certificate or obituary, before granting leave for bereavement.

Is Bereavement Leave Paid?

Some companies offer paid bereavement leave, while others allow grieving employees to take unpaid leave or perhaps a combination of the two, subject to applicable law. Many employers offer three to five paid days for the death of an immediate family member, though the right amount depends on your industry, budget, and any state requirements. Whatever you decide, spell out whether bereavement leave is paid time off in your employee handbook or bereavement policy so there's no confusion when an employee needs it.

Bereavement Leave Laws by State

Although no federal law governing bereavement time exists, staying on top of HR compliance means tracking which states mandate it. Some collective bargaining agreements may also address employee entitlement to time off for bereavement.

Some states have enacted their own standards. State approaches vary widely. Here's where requirements currently stand:

• California: Employers with at least five employees must grant five days of leave to employees upon the death of certain family members. This leave does not have to be paid, but the employee must be permitted to use any additional accrued paid leave as part of their bereavement time.
• Illinois: The state law applies to employers with 50 or more employees and to all public employers. Benefits may vary depending on the employer’s size.
• Maryland: Employers with 15 or more employees that grant paid leave must allow employees to use leave for bereavement upon the death of an immediate family member.
• Oregon: Employers with at least 25 employees must offer up to two weeks of unpaid bereavement leave under the Oregon Family Leave Act.
• Vermont: Effective July 2025, employers with 10 or more employees must allow eligible employees to take up to two weeks of unpaid bereavement leave following the death of a family member, including time to settle the estate. No more than five days may be taken consecutively, and leave must be taken within one year of the death.
• Colorado: Bereavement leave isn’t specifically required, but the state’s Healthy Families and Workplaces Act requirements allow employees to use accrued paid sick time for bereavement-related needs.
• Minnesota: Employers must allow employees to use earned sick and safe time for funeral or memorial services or to address financial and legal matters after the death of a family member. Additionally, in Minnesota employees are entitle to 10 days of unpaid leave when an immediate family member is killed or injured in military service.
• Washington: Employers aren't required to provide bereavement leave or pay; these benefits are left to employer policy or a collective bargaining agreement. However, employees may be able to use the state's Paid Family and Medical Leave program, eligible employees may use family leave during the seven days following the loss of a child in certain circumstances.

Employers should check local sick and safe leave laws to review qualifying reasons for leave, which in some jurisdictions may include bereavement time.

What To Include in a Bereavement Leave Policy

As the death of a loved one may happen unexpectedly, providing a written policy in your employee handbook can help those looking for information about the process of requesting bereavement time. A bereavement policy should explain when the employee qualifies for a paid or unpaid leave of absence, how to request leave, and the amount of time offered. At a minimum, cover:

• Time Off and Pay: State how many days employees can take and whether leave is paid, unpaid, or a combination.
• Covered Relationships: List which relationships qualify, from immediate family to close friends or even household pets.
• Qualifying Reasons: Include time to grieve, travel to a funeral or memorial service, and handling arrangements, estate matters, or executor duties.
• Request Process and Documentation: Explain how employees request leave (through a manager, HR, or email), what proof of loss is required, and when to submit it.
• Timing Rules: Note whether days must be taken consecutively and set a window for future-dated leave, such as within three months of the death.
• Payroll Processing: Describe how bereavement time is recorded and give employees time and attendance instructions.
• Support Resources: Share Employee Assistance Program (EAP) contact details, counseling services, and any support groups or financial resources you offer.
• State Law Alignment: Cross-check the policy against state and local requirements, adopt the broadest family definition that applies, and revisit as rules change.

How To Support a Grieving Employee

Your employees may need support during their period of bereavement that goes beyond time off. The difficulty of keeping up with job responsibilities while grieving a personal loss can affect an individual's mental health, so it helps to have a list of resources ready to share. Managers should remain flexible because the type of support needed may vary, as everyone feels a loss differently. "It is important to remember that we all grieve differently. By a company being flexible, you are able to meet the employee where they are," says Erin Baber-Sherwood, SPHR, HR Response Partner at Paychex.

Your support of your employees' grief processing may also preemptively ease the effects of grief that could lead to more severe health conditions down the line. "Employers should consider the possibility that grief may lead to depression, anxiety, or other physical or mental health conditions that could be covered under the FMLA or require a reasonable accommodation under the Americans with Disabilities Act (ADA), says Baber-Sherwood ." By working with an HR professional, employers can better understand their obligations under these and similar state laws."

One concrete step is to connect employees with an Employee Assistance Program, which can offer counseling and referrals when grief becomes difficult to manage on one's own.