Guide to bereavement leave for employers

Bereavement leave is time off an employer grants when an employee loses a loved one—typically a close family member. It gives the employee space to grieve, make funeral arrangements, and handle the practical matters that follow a death. In the US, most employers offer a few days per loss, though the amount varies by company, state, and the employee’s relationship to the deceased.

There’s no federal mandate, but a handful of states require some form of bereavement leave, and most employers offer it voluntarily. This guide explains how bereavement leave works, where it may be legally required, and how to build a policy that genuinely supports a grieving employee.

What is bereavement leave?

Bereavement leave is time off for an employee who has lost a close family member. It allows them time to grieve, make funeral arrangements, and handle activities associated with their loved one’s passing.

What’s the difference between bereavement leave and compassionate leave?

The terms are often used interchangeably, but there’s a meaningful difference.

Bereavement leave is specifically for workers who have lost a close family member. Compassionate leave isn’t limited to death—it covers other compassionate circumstances, such as caring for a terminally ill loved one.

Why is it important to provide bereavement leave?

A solid bereavement policy signals that you’re a caring employer, which helps attract and retain talent. Here are more reasons to offer it:

• Legal obligation: Some states and localities require employers to offer bereavement leave, whether paid or unpaid. Check the current labor laws wherever you employ people.
• Promotes mental and emotional health: Bereavement leave gives employees time to grieve and attend to matters associated with their loved one’s passing, without the added stress of juggling work responsibilities.
• Promotes work-life balance: A bereavement policy shows the company understands the importance of balancing life events and workplace demands. This work-life balance is a crucial ingredient of employee satisfaction.
• Fosters a compassionate culture: Employees see that the company cares about individuals, personal relationships, and families—which builds a positive company culture.

Together, these outcomes support the emotional well-being of employees and help you keep good people.

Is bereavement leave a legal requirement?

Federal law doesn’t require companies to offer bereavement leave. However, some states and localities do—paid or unpaid—and the list is growing. Where no law applies, the decision sits with the employer.

Rules vary by state and change over time, so always check current law in each jurisdiction where you have employees. Examples of states that have mandated bereavement leave include:

• Oregon: Larger employers must offer up to two weeks of bereavement leave under the Oregon Family Leave Act
• California: Eligible employees at companies above a small-business threshold are entitled to several days of bereavement leave
• Illinois: Eligible employees at covered companies can take up to two weeks of unpaid bereavement leave
• Maryland: Employees at covered companies can use earned paid leave for bereavement
• Washington: Workers can take bereavement leave in certain circumstances, such as the loss of a child

Many unions include a bereavement policy in their members’ collective bargaining agreement, and most public employees get a set amount of bereavement time off.

Even where it isn’t legally required, the large majority of US employers offer some degree of bereavement leave. Staying current with government guidelines in your jurisdiction matters—especially if you run a multistate or multinational company.

What family members qualify for bereavement leave?

Most companies permit bereavement leave for the loss of close and some extended family members, such as:

• Spouse or domestic partner
• Child (including adopted, step, and foster child)
• Parent (including step-parents)
• Parent-in-law
• Siblings (including step-siblings)
• Grandparent
• Grandchild

Coverage varies by employer, so check your company’s policy to see which family members qualify.

What is the content of a typical bereavement leave policy?

These are the typical sections of a bereavement policy:

• Guidelines: General information on what the company provides when an employee loses a loved one, including whether the leave is paid or unpaid and how many days employees can expect.
• Eligibility rules: Who is entitled to bereavement leave. Employers may restrict the benefit to full-time workers or to the loss of close family members, or set a minimum number of hours worked before an employee qualifies.
• Procedures: The steps an employee takes to request leave—telling their manager, filling out a form, and sometimes providing proof of death.
• Duration: The number of days provided, and whether the leave can be extended if circumstances warrant.

A clear policy means employees know exactly what support is available when the unexpected happens.

Is bereavement leave paid?

That’s up to the employer (unless state law says otherwise). Companies with tighter budgets sometimes offer unpaid leave, while others provide full pay for the duration.

A hybrid approach also works: partially paid and partially unpaid bereavement leave—for example, four paid days and three unpaid.

How long is bereavement leave?

The amount of bereavement leave varies across companies. A common baseline is three days per loss, and some workers can borrow extra days from their sick leave, vacation, or other paid time off (PTO).

When crafting a bereavement leave policy, consider what your employee actually needs to do while mourning. Someone who loses an immediate family member may need extra time for funeral arrangements, financial matters, and personal property.

Whatever the relationship with the deceased, grief affects focus and concentration well beyond the funeral. Giving people enough space to grieve is better for them—and for the quality of their work when they return.

Do employers require proof before allowing bereavement leave?

It’s up to the employer whether documentation must accompany a bereavement leave request. Examples of reasonable proof include:

• Funeral notice
• Obituary
• Death certificate
• Written bereavement notice disclosing the deceased’s name, place and date of death, and their relationship to the worker

If your policy requires proof, handle it compassionately. Make the requirement as light as possible—the employee can even submit proof after the leave.

What if a company lacks bereavement leave?

A missing bereavement policy adds stress to an already hard time. Fortunately, there are usually other options.

First, review the company’s policies and employee handbook for other types of leave or benefits, such as:

• Paid time off (PTO), including sick leave
• Flexible work arrangements
• Unpaid personal leave
• Vacation days

The employee can request PTO or vacation days for bereavement purposes.

They should also talk with their manager or HR about their situation. Even without a formal bereavement policy, many companies will offer some flexibility.

How can you support a grieving team member?

A bereavement policy is the foundation, but there’s more you can do:

• Enable close team members to attend the funeral and memorial service
• Provide the person with a flexible schedule
• Offer adjustments to the employee’s workload
• Grant additional leave when the bereavement leave isn’t enough
• If available, offer emotional support resources such as your Employee Assistance Program
• Consider offering paid leave
• Consider sending the family flowers, food items, or gift cards
• Check in regularly and be compassionate

Conclusion

Bereavement leave gives employees the time they need to grieve away from the demands of work. It fosters a culture of empathy and supports employees’ well-being—an investment that pays off in productivity, mental health, and retention.