Bereavement Leave
Leave following the death of a family member or loved one
What is Bereavement Leave?
Bereavement leave (also called funeral leave or compassionate leave) provides time off following the death of a family member or loved one. There is no federal requirement for bereavement leave, but many employers offer it as a benefit. A few states have begun requiring bereavement leave.
Federal Requirements
No federal bereavement leave requirement for private employers. Federal employees receive bereavement leave.
State-by-State Requirements
Eligibility Requirements
- •Death of covered family member
- •Employer policy defines eligible relationships
- •May require documentation (obituary, funeral notice)
Employer Obligations
- ⚠️Follow any state bereavement leave requirements
- ⚠️Apply policy consistently to all employees
- ⚠️Respect employee privacy during grieving
- ⚠️Allow use of other leave types if bereavement leave exhausted
Employee Rights
- ✓Use bereavement leave per employer policy or state law
- ✓Privacy regarding details of the loss
- ✓Potential to use FMLA for grief-related medical condition
- ✓Protection from discrimination based on family status
Best Practices for Employers
- 💡Offer paid bereavement leave as standard benefit
- 💡Define "family member" broadly (include chosen family)
- 💡Allow flexibility in timing (death vs. funeral)
- 💡Provide additional support resources (EAP, grief counseling)
- 💡Train managers on compassionate leave handling
Frequently Asked Questions
Is bereavement leave required by law?
There is no federal requirement. California requires 5 days unpaid bereavement leave, and Illinois requires extended leave for loss of a child for large employers. Most bereavement leave is provided voluntarily by employers.
How many days of bereavement leave is typical?
Most employer policies provide 3-5 days for immediate family (spouse, children, parents, siblings) and 1-3 days for extended family.
Is bereavement leave paid?
Most employer policies provide paid bereavement leave, though there is no federal requirement. State requirements (where they exist) may be for unpaid leave.
What if I need more time than bereavement leave provides?
You may be able to use vacation, PTO, or unpaid leave. If grief causes a serious medical condition, FMLA leave may be available. Talk to your HR department about options.
Track Bereavement Leave Easily
LeavePlan Pro helps you manage all types of employee leave, ensuring compliance and making tracking effortless.