What Is Bereavement Leave? How It Works and FAQs

It's hard to imagine going to work after losing a loved one.

A loss can come with responsibilities like planning a funeral or handling an estate in addition to managing your grief. All that leaves little time and energy for work.

Bereavement leave exists so you can take time to grieve without worrying about your career or the day-to-day responsibilities of your job.

We explain the basics of bereavement leave, look at the states where the law requires it and delve deeper into the circumstances where you can take time off after losing someone.

What Is Bereavement Leave?

Bereavement leave is a job benefit that grants time off when a loved one passes away. It gives employees time to grieve properly without worrying about their job. Companies also benefit from giving employees the flexibility to stay away from work when they aren't at their best.

Bereavement leave policies differ from company to company. Time off in the event of a family member's death is universal for companies offering the benefit. However, some let workers take time off after a close friend passes away or someone else the employee had a close relationship with.

Is Bereavement Leave a Mandatory Job Benefit?

There are no federal laws requiring that companies offer bereavement leave. According to a 2023 legal survey from Evermore, a nonprofit bereavement advocacy group, five states have bereavement leave laws:

• California requires that employers offer up to five days of unpaid bereavement leave upon the death of a family member.
• Illinois requires that employers give up to 10 working days of unpaid bereavement leave upon the death of a covered family member. That includes immediate and some extended family, such as grandparents.
• Maryland compels employers to let workers use existing accrued paid leave for bereavement purposes after the death of an immediate family member. It does not mandate any amount of unpaid leave or require paid leave specifically for bereavement.
• Oregon requires that employers offer up to two weeks of bereavement leave. The law doesn't require it to be paid leave, although employers can require their employees to use accrued paid leave for bereavement purposes.
• Washington employees can use up to seven days of their existing PTO for the bereavement after the death of a child.

Evermore also noted some legislators' active efforts to pass bereavement leave laws in 2023 in three states: Vermont, Massachusetts and New Jersey. So, it's possible more states will require bereavement leave in the future.

Do Most Companies Offer Bereavement Leave?

Despite there being no legal requirement in most states, many employers still offer bereavement leave. Research from NFP states that 88 percent of companies offer at least some time off following the death of a family member designated by company policy.

NFP's outlook for bereavement benefits is generally positive. They note that many companies are expanding their definitions of bereavement leave to include people outside the family. The pandemic years "have shown us just how precious relationships in our lives are, and employers are listening," they said.

When Can Employees Take Bereavement Leave?

The death of a designated family member—usually a parent, child, spouse or sibling—is the baseline for bereavement leave policies. This kind of bereavement leave is also the only one required by most states with bereavement leave laws.

However, many companies are expanding their policies to include other relations. According to NFP, 32 percent of employers offer bereavement leave for the death of "any close relation." That includes extended family and friends.

NFP's research also shows that 24 percent of employers offer bereavement leave for a miscarriage or failed IVF procedure.

"Employers are clearly leading with compassion and understanding, as indicated by the amount of time employers are providing for this type of leave," NFP said.

Although it's rare, 7 percent of employers have bereavement leave for the loss of a pet, recognizing that pets can often become part of the family. That's despite opposition to time off for losing a pet from many older workers.

The bottom line is that bereavement leave policies differ between companies. If you're not sure whether an event qualifies for bereavement leave, consult with your human resources department and learn more about your employer's guidelines.

Is Bereavement Leave Paid?

There are no laws requiring employers to offer paid time off specifically for bereavement. However, Maryland and Washington have laws letting employees use their accrued paid time off for bereavement.

The good news is that most employers offer paid bereavement leave of their own volition. According to a 2018 report from the Society for HR Management (SHRM), 88 percent of companies offer at least some paid bereavement leave.

Some companies offer a mix of unpaid and paid leave. So, for example, you may be eligible for five days of paid bereavement and five more days unpaid. Read your company's policy to find out whether some or all of your bereavement leave is paid.

How Long Is Bereavement Leave?

Bereavement leave duration varies from company to company. Three days is the most common—according to NFP, 57 percent of companies offer that amount.

Eighteen percent of employers offer five days of bereavement leave.

In some cases, employers will decide the amount based on the individual's circumstances. Even more rarely, one percent of employees offer unlimited bereavement leave, where it's up to the worker's discretion when they're ready to return.

The events justifying bereavement leave can also influence the duration. In their survey, NFP found that 56 percent of companies offering leave for miscarriages or failed IVF procedures would change the number of days based on what the employee needed.

If you're unsure about how many days you can take for bereavement, consult your company's policy or speak to someone in your HR department.

Do Employees Need to Provide Proof for Bereavement Leave?

Again, this will depend on the company. Some employers require a death certificate to prove the loss of a loved one.

However, others recognize that death certificates aren't always available—especially for the loss of someone outside your immediate family. Many employers also understand that losing a loved one is a very difficult time, and the last thing anyone needs is pressure from their boss to prove eligibility for bereavement leave.

What Bereavement Policies Should Include

Paid leave policies differ along several lines. If you're writing a policy, be sure to answer these questions:

• What losses qualify? Immediate family members are the most common, but some companies cover other close relations, miscarriages and pets.
• Paid or unpaid? Most employers offer at least some paid time off. It's also viable to split bereavement leave between paid and unpaid time.
• How much time? Three days is the most common duration. Be sure to consult any relevant state laws about how much time to offer.
• Is there a deadline for using bereavement leave? Do employees have to use it immediately following a loss? Does it expire if they wait too long?
• Is proof required? Some companies ask for a death certificate, while others don't require proof.
• How do employees use this policy? Some HR software includes functions to manage bereavement time off requests. Other companies may ask employees to speak with HR or their manager.

How to Support Grieving Employees

It can take time for employees to return to work fully energized after losing a loved one. Managers can use these practices to handle employees compassionately and help them return to their best professional selves:

• Offer flexibility. Policies like hybrid work or flexible hours help employees navigate the loss of a loved one. Remember that they aren't just grieving for themselves; they're probably supporting others who are also suffering the loss.
• Remind employees of their options. If your company offers an employee assistance program that includes financial planning, short-term counseling or other benefits useful to grieving employees, be sure to advertise it.
• Follow the employee's lead. Don't assume you know best. Ask your employees what they need from you.
• Lead with compassion. Understand that an employee suffering a loss is going through an extremely difficult time. If you can, give them lower-pressure work while they grieve.

Bereavement leave gives you time to grieve after the death of a loved one. Read more about the best places to work in America, which frequently offer this and other employee benefits.

Uncommon Knowledge

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

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