Bereavement leave is the time off an employer grants an employee after the death of a family member. In the US, there is no federal bereavement leave law the FLSA does not require paid time off for a funeral so what employees actually get depends on state law and, for most workers, on the policy their employer chose to write. This guide covers what bereavement leave is, who typically qualifies, how the current US state laws work, what a workable policy should include, and a ready-to-adapt template. It is written for HR leads and small-company operators drafting or refreshing a policy not as legal advice.
This guide is informational only. Bereavement leave rules vary by jurisdiction and change frequently; before finalising any policy, confirm your current obligations with employment counsel licensed in the relevant state.
What is bereavement leave?
Bereavement leave is a period of authorised absence from work granted to an employee after the death of a qualifying family member. Its purpose is practical and human: giving the employee time to attend a funeral or memorial, handle estate and burial logistics, travel to the deceased's location, and begin to process the loss without being expected to produce work. Bereavement leave is legally distinct from paid time off (PTO), sick leave, and family medical leave. It is triggered specifically by a death and is usually capped at a small number of days per qualifying event. Some employers fold bereavement into general PTO; that is a policy choice, not a legal requirement, and it is generally regarded as weaker practice because employees end up spending vacation days to grieve. A separate, named bereavement leave category signals that the employer treats the situation as different from a chosen absence.
Who is considered immediate family for bereavement leave?
The phrase "immediate family" is not universally defined, which is why most policies enumerate it explicitly. Under California's Assembly Bill 1949. The reference statute cited by many employers, a qualifying family member includes spouse, child, parent, sibling, grandparent, grandchild, domestic partner, and parent-in-law. Other state statutes overlap heavily with that list. A well-written policy typically defines two tiers:
- Immediate family (fullest entitlement): spouse, domestic partner, child (biological, adopted, step, foster), parent, parent-in-law, sibling, grandparent, grandchild.
- Extended family (reduced entitlement): aunt, uncle, cousin, niece, nephew, close in-law relationships not listed above.
Many modern policies also include a "chosen family" or "loved one" clause, extending some leave to relationships not covered by the enumerated list but nonetheless significant to the employee. A long-time partner not legally recognised, a close friend who was effectively family. This isn't legally required outside a few jurisdictions, but it acknowledges that a strict blood-and-marriage definition doesn't reflect how many people actually live.
US bereavement leave laws by state
As of 2026, there is no federal bereavement leave requirement in the US. The Department of Labor's guidance is explicit that the FLSA does not require payment for time not worked, including funeral attendance. A growing minority of states have enacted their own bereavement leave laws:
| State | Days required | Paid or unpaid | Notes |
|---|---|---|---|
| California (AB 1949) | Up to 5 days per event | Unpaid (PTO usable) | Must be taken within 3 months; employers with 5+ employees |
| Illinois (Family Bereavement Leave Act) | Up to 10 days per event | Unpaid | Also covers pregnancy loss, stillbirth, unsuccessful IVF/adoption |
| Oregon (OFLA) | Up to 2 weeks per event | Unpaid | Bereavement folded into broader family leave law |
| Washington | Up to 3 days per event | Unpaid | Applies to bereavement following pregnancy loss and paid family leave qualifying events |
| Maryland | Up to 3 days per event | Unpaid | Employers with 15+ employees |
| Vermont | Up to 2 weeks | Unpaid | Under the Parental and Family Leave Act |
Every other US state leaves bereavement leave to the employer. Details of the statutes change; before publishing a policy that references specific state law, confirm current wording with employment counsel or the state's civil rights or labor agency. Multinational employers should also check that country-specific statutory rights (e.g. UK Parental Bereavement Leave; India's varying state-specific leave rules) are met, a US-shaped policy will typically be below statutory minimums elsewhere.
Is bereavement leave paid or unpaid?
Statutory bereavement leave in the US is generally unpaid, with employees permitted to use accrued PTO or sick leave during the absence. Voluntary employer policies vary widely, but the common pattern is 3–5 paid days per event for immediate family and 1–3 paid days for extended family. The most defensible policy positions bereavement leave as paid for the enumerated immediate-family tier, treating it as recognition of an unavoidable event rather than a discretionary absence. Making it entirely unpaid where local law allows is legal but tends to create the exact retention and morale problems that a bereavement policy is supposed to head off. Employees remember how they were treated in the worst weeks of their lives, and so do the coworkers watching.
What to include in a bereavement leave policy
A workable policy addresses each of the following, in this order:
- Purpose statement. One sentence naming what the policy covers and why the company provides it.
- Eligibility. Which employees qualify (full-time, part-time, contract), from what point (day one of employment, or after a probation period).
- Qualifying events. Explicit list of family relationships covered, tiered if entitlement varies.
- Duration. Days per event by tier, and whether unused days can be split across a period after the death.
- Paid vs. unpaid. State clearly for each tier.
- Notice. What the employee is expected to communicate, to whom, and how quickly (usually "as soon as reasonably possible").
- Documentation. Whether the employer will request proof (e.g. obituary, funeral programme). Most employers ask only if the leave is contested; routinely demanding proof is generally regarded as intrusive and unnecessary.
- Interaction with other leave. How bereavement leave stacks with PTO, sick leave, FMLA, and any statutory leave in the jurisdiction.
- Deadline for use. The window in which the leave must be taken (typically within 3 months of the death, matching California AB 1949).
- Support resources. Contact for HR questions, and any EAP or grief support benefits the employee can access.
Bereavement leave policy template
Adapt the following to your jurisdiction and company. Replace bracketed placeholders. Have employment counsel review before publishing.
Bereavement Leave Policy
Purpose. [Company] recognises that employees may need time away from work following the death of a family member or loved one. This policy sets out the paid and unpaid leave available to eligible employees for bereavement.
Eligibility. All full-time and part-time employees are eligible from their first day of employment. Contract and temporary workers are eligible on the same terms unless their contract specifies otherwise.
Qualifying events. Bereavement leave applies to the death of the following family members:
Immediate family: spouse, domestic partner, child (including biological, adopted, step, foster, and children for whom the employee stands in loco parentis), parent, parent-in-law, sibling, grandparent, grandchild.
Extended family: aunt, uncle, niece, nephew, cousin, sibling-in-law, and any close relative not listed above.
Chosen family: a person the employee identifies as functionally family, subject to reasonable good-faith confirmation.
Duration.
Immediate family: up to [5] working days of paid leave per qualifying death.
Extended family: up to [3] working days of paid leave per qualifying death.
Chosen family: up to [1] working day of paid leave per qualifying death, with additional unpaid or PTO time available on request.
Notice. Employees should notify their manager and HR as soon as reasonably possible after the qualifying death.
Documentation. [Company] does not routinely require documentation. Documentation (e.g. an obituary or funeral programme) may be requested only where reasonably necessary to administer the leave.
Interaction with other leave. Bereavement leave is separate from PTO, sick leave, and any statutory family or medical leave. Employees may extend bereavement leave using accrued PTO with manager approval.
Deadline for use. Bereavement leave must be used within [3 months] of the qualifying death, though leave may be taken non-consecutively.
Support. Employees can contact HR at [contact] for policy questions and are encouraged to use the Employee Assistance Programme (EAP) at [contact / URL] for grief support.
Non-retaliation. [Company] prohibits retaliation against any employee for requesting or taking bereavement leave in accordance with this policy or applicable law.
Common mistakes to avoid
- Silent policy. Not writing one, and telling employees to "just use PTO." Employees experience this as being told their loss is a vacation.
- Rigid definition of family. Enumerating only spouse and children, then having to say "no" to an employee whose sibling or grandparent has died.
- Requiring documentation by default. Asking for an obituary or death certificate before granting the leave is legal in most places, but it is corrosive to trust and is not standard practice at most well-run employers.
- Not accounting for out-of-state or international travel. Five days is often not enough time to travel to a funeral abroad and return. Building in the ability to extend with PTO or unpaid leave costs nothing and matters.
- Failing to train managers. A policy that HR wrote and managers have never read means the actual employee experience depends on whichever manager they happen to work for.
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FAQ
What is considered immediate family for bereavement leave?
Immediate family for bereavement purposes typically includes spouse or domestic partner, child, parent, sibling, grandparent, grandchild, and parent-in-law. The exact list depends on the jurisdiction and your own policy — several state statutes (California, Illinois, Oregon, Washington, Maryland, Vermont) explicitly define qualifying family members for bereavement leave, and your policy should match or exceed whichever definition applies.
How many days off do you get when a family member dies?
In the US there is no federal bereavement leave entitlement, so the answer depends on state law and your employer's policy. States that have enacted bereavement leave laws generally require up to five days off per qualifying death. Employer policies commonly offer 3–5 paid days for immediate family and 1–3 days for extended family.
Can I get fired for taking bereavement leave?
In states with statutory bereavement leave (such as California under AB 1949), retaliation against an employee for requesting or taking leave is unlawful. In states without such laws, protection depends entirely on your employer's policy and general anti-retaliation rules. If you were dismissed after taking bereavement leave in a state with a law, consult the state's civil rights agency or an employment attorney.
Is bereavement leave paid or unpaid?
It depends on the jurisdiction and the employer. Statutory bereavement leave under most state laws is unpaid, but employees can typically use accrued paid time off during the leave. Many employer policies voluntarily offer paid bereavement leave of 3 to 5 paid days per event for immediate family is a common benchmark.
What should be included in a bereavement leave policy?
A complete bereavement leave policy should cover: who is eligible, how many days per qualifying event, which family relationships qualify, whether the leave is paid or unpaid, notice and documentation expectations, how the leave interacts with other leave categories (PTO, sick leave, FMLA), and the deadline by which the leave must be used after the qualifying death.
Is bereavement leave required by law?
In the US there is no federal bereavement leave requirement. As of 2026, a handful of states (California, Illinois, Oregon, Washington, Maryland, Vermont) require covered employers to provide bereavement leave, most commonly up to five days per qualifying death. Everywhere else it is a voluntary employer benefit.