Bereavement Leave

Bereavement leave is time off granted to employees after the death of a family member or close friend. This type of leave allows employees to grieve, attend funeral services, and handle necessary arrangements without the burden of having to worry about work responsibilities. In the past eight years, the number of employers that offer paid bereavement leave has increased by 10 percent, which showcases  the growing global importance of workplace wellbeing.

How does bereavement leave work in practice? If an employee's parent passes away, for example, your company might offer three days of paid bereavement leave. These three days off of work mean your employee can attend the funeral, handle estate matters, and grieve without worrying about attending to work matters. Giving your employees this kind of support when it comes to major life events like death, will undoubtedly strengthen the employer-employee relationship and help build a workplace culture that your team buys into every time.

Is Bereavement Leave Required By Law?

The rules around bereavement leave can vary quite a bit, both locally and globally. Some countries require a minimum amount of time off, while others leave it up to the employer’s discretion. Brush up on your relevant local labor laws to ensure you're complying when setting up your own bereavement leave policy.

For example, in the U.S., companies with 50 or more employees may need to follow the Family and Medical Leave Act (FMLA), but keep in mind, federal law doesn’t mandate bereavement leave. However, there are some states that do require it.

Meanwhile, in countries like France, employees are entitled to 3 days of paid leave when attending the funeral of close family members such as a spouse, child, or parent. It’s a good reminder that, depending on where you are, the approach to bereavement leave can be completely different.

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Which States Have Bereavement Leave Laws?

At the time of writing, 45 states don’t, by law, require employers to offer bereavement leave to their employees. That being said, many organizations do include it in their benefits package, sometimes in the form of other paid leave such as paid time off (PTO), sick leave, or vacation time.

Only a handful of states, like California, Oregon, and Illinois, mandate bereavement leave. That said, state laws are constantly evolving –  it’s important to stay updated on any changes to your jurisdiction’s requirements.

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California

With the world’s fifth-largest economy, California is a major hub for entertainment, technology, agriculture, and tourism. When it comes to bereavement leave requirements, the state is relatively progressive in comparison to the rest of the U.S.

California state law (Labour Code Section 12945.2) mandates employers with five or more employees must provide bereavement leave. Employees must have been employed for at least 12 months before the leave begins, but the rules may vary for workers covered by a collective bargaining agreement.

• Duration: Up to 5 days per year.
• Eligible Circumstances: Death of a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law.
• Paid vs. Unpaid: Payment for bereavement leave is not mandated by law, unless specified in company policy.
• Required Documentation: Employers may request a death certificate, obituary, or proof of a funeral or cremation service. Allowing employees to provide proof after the leave has ended can help maintain a supportive work environment.

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Oregon

Oregon’s bereavement leave policies are outlined by the Oregon Family Leave Act (OFLA), which mandates specific leave for employees dealing with the death of a close family member. While the leave is generally unpaid, employers may allow employees to use other forms of paid time off during this period.

• Duration: Employees can take up to 2 weeks (10 days) of unpaid leave.
• Eligible Circumstances: Applies to the death of a spouse, domestic partner, child, parent, grandparent, or other close family members.
• Paid vs. Unpaid: Leave is unpaid, unless the employer offers paid leave options (e.g., sick or vacation days).
• Required Documentation: Employers may require a death certificate, obituary, or funeral details for verification.

Interestingly, unlike other states, Oregon’s bereavement leave includes more than just immediate family members, extending to grandparents, grandchildren and even sibling-in-laws.

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Maryland

When it comes to bereavement leave, Maryland’s labor law follows a flexible model. The Flexible Leave Act states that employees may use sick or vacation leave that they have accumulated as paid bereavement leave for their immediate family members. This act only applies to employers with 15 or more employees.

• Duration: Varies depending on employer’s policy.
• Eligible Circumstances: Death of a child, spouse, or parent.
• Paid vs. Unpaid: Employees can use existing paid leave (sick or vacation) for bereavement, but the state does not mandate additional leave.
• Required Documentation: No documentation is legally required.

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Illinois

Known for its economic diversity with Chicago as a major metropolitan hub, Illinois has more specific requirements than other states when it comes to bereavement leave for employees. While the state does not require bereavement leave by law for all employees, it does have provisions under the Family Bereavement Leave Act, which applies to employers with 50 or more employees.

• Duration: Up to 10 workdays of unpaid leave for the death of a covered family member.
• Eligible Circumstances: Death of a spouse, child, parent, domestic partner, sibling, or grandparent.
• Paid vs. Unpaid: Bereavement leave is unpaid unless specified by company policies or collective bargaining agreements.
• Required Documentation: Employers may request documentation such as a death certificate, obituary, or other evidence of the loss.

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Washington

In Washington, your responsibilities as an employer  regarding bereavement leave is dependent on whether you are a private business or state organization. State employees are legally entitled to bereavement leave if a family member dies, while private employers have more flexibility in creating their own policies regarding bereavement leave.

• Duration: State employees are entitled to 5 days of paid leave.
• Eligible Circumstances: Leave applies for the death of a spouse, child, parent, or other immediate family members.
• Paid vs. Unpaid: Paid leave applies only to state employees. For private employers, leave is typically unpaid unless paid leave (sick or vacation) is used.
• Required Documentation: Employers may ask for a death certificate or obituary to verify the reason for leave.

Regardless, both types of employers should establish clear policies and communicate them effectively to avoid confusion and keep things compliant at every stage.

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Is There a Federal Law Related to Bereavement Leave?

Although not every state is mandated to offer bereavement leave to their employees, they are all required to adhere to the The Family and Medical Leave Act (FMLA).

The FMLA is a federal law that provides employees across the U.S. who meet certain requirements, with the right to take up to 12 weeks of unpaid leave per year without the risk of losing their job. This leave can be used for personal medical reasons, to care for a sick family member, or for the birth or adoption of a child. While the law doesn’t specifically outline bereavement leave, employees can take time off to make funeral arrangements or attend the funeral of a family member under the “family care” category.

To qualify, employees must have worked for their employer for at least 12 months and logged a minimum of 1,250 hours within the past year. While the leave is unpaid, it offers job protection and makes sure that health insurance benefits are maintained during the leave period.

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How Do You Ensure Compliance With State-Specific Laws?

Navigating the maze of state or country-specific laws can be hard, especially when it comes to employee leave policies like bereavement leave where the rules can differ even within the same country or state. Avoiding costly legal hiccups means your HR team needs to stay on top of any and all changes.

Here are the three key elements you should pay attention to above all else:

1. Stay Informed About Local Laws

It’s important to regularly check the laws that apply to the states where your employees are based. Employment regulations, like those for paid sick leave or bereavement leave, can change at any time. By keeping up with updates, you can make sure your policies match the latest legal requirements.

2. Get Expert Legal Advice

When in doubt, reach out to legal experts, employment law attorneys, or an EOR like Playroll. They’re great resources for helping you fine-tune your policies to meet state-specific laws. These professionals can also guide you through details like eligibility, duration, and documentation needs, so you avoid any legal challenges down the line.

3. Use Automated Tools to Stay Ahead

Automated systems can make your life a lot easier. With the right tools, you can track employee leave, eligibility, and even get alerts about any updates to local laws. At Playroll, we understand how important compliance is, which is why our payroll management system stays updated with the latest country-specific regulations, so you don’t have to worry about missing a compliance change.

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Stay Compliant Wherever You Operate

Our payroll platform ensures your employee leave policies are always in line with the latest state regulations, so you can focus on growing your business without worrying about compliance.

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What Can Employees Use Bereavement Leave for?

Bereavement leave gives employees the space to cope with the loss of a close family member. It’s a chance to grieve, manage funeral arrangements, and navigate the many emotional and logistical challenges that come with loss.

Here are the main reasons employees may need this time:

• Time to cope with the loss.
• Participation in ceremonies and events.
• Addressing estate, inheritance, and other responsibilities.
• Assisting surviving relatives with arrangements.
• Traveling to attend the funeral or provide family support.

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How Long Is Bereavement Leave?

The length of bereavement leave can differ depending on the employer and region. Generally, it ranges from a few days to a week of paid leave, providing employees with immediate support they need during a difficult time while also allowing for some flexibility to process their grief in their own way.

Some companies, as mentioned, may have different leave policies depending on the relative who has passed. For example, companies often offer longer leave for the death of immediate family members.

Regional differences (such as laws in European countries versus the U.S.), and cultural factors, (like longer mourning periods in some cultures), can influence the amount of leave granted. Company policies may also provide paid or unpaid leave, depending on the relationship to the deceased.

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Who Qualifies For Bereavement Leave In The Workplace?

Most policies extend to immediate family members, including parents, siblings, spouses, domestic partners, and children. However, some policies may also include close friends or extended family members. Your company’s bereavement policy should address who is considered an immediate family member and how much leave can be taken depending on the deceased family member.

In addition to the relationship to the deceased, eligibility criteria also depends on an employee’s work status:

• Full-Time Employees: Typically eligible for paid bereavement leave as part of their benefits packages.
• Part-Time Employees: May receive bereavement leave on a pro-rated basis, depending on their working hours. Some companies offer unpaid leave or allow part-time workers to use other paid time off (PTO).
• Temporary and Contract Workers: Often ineligible for bereavement leave, as they usually don’t qualify for the same benefits as full-time employees, though some companies may offer unpaid leave or exceptions.

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How to Create a Bereavement Leave Policy

While each company and country respectively may handle bereavement leave differently, it’s good practice regardless of geography to establish clear, consistent guidelines to ensure employees know what to expect and how to navigate their leave. This clarity helps both managers and employees understand the process before the need arises.

You can include a copy of your bereavement policy in your employee handbook and on the company’s internal website. Reviewing it during onboarding helps new hires understand your approach to supporting them when they face a loss.

As a rule of thumb, a good bereavement policy should include:

1. How Your Organization Defines Bereavement Leave

Clearly outline what qualifies as a valid reason for bereavement leave, including which family members and loved ones are covered. Typically, this includes immediate family members (spouse, children, parents), but many organizations also extend the policy to domestic partners, siblings, grandparents, and even pets. Defining these relationships helps prevent confusion and makes sure that employees clearly understand what qualifies for bereavement leave and what doesn’t.

2. Who Qualifies for Bereavement Leave

A bereavement policy should specify what kinds of obligations or activities qualify for leave. For example, you might allow leave for attending memorial services, funerals, or wakes. It’s also common to include time off for legal and financial matters, such as handling a loved one’s estate or insurance claims. Some policies consider personal grieving time as part of the leave. Be sure to clarify which activities are covered to give your employees peace of mind.

3. How Much Time Off Employees Can Take

Specify the number of days an employee can take off for bereavement leave. Most policies offer between three to five days for immediate family members, but it’s important to allow for flexibility depending on the situation. For example, employees who experience a more significant loss or need extra time to handle responsibilities might require additional leave. Defining a standard number of days upfront helps employees plan, but also make sure you allow room for special circumstances.

4. Bereavement Leave Based on Personal Relationship

In some organizations, the amount of leave can vary based on the employee’s relationship with the deceased. For instance, employees may receive more time off if they lose an immediate family member, and less time if the loss is of a more distant relative. It’s a good idea to outline these differences in your policy so employees understand the guidelines in advance.

5. Is the Leave Paid or Unpaid?

Clearly state whether the bereavement leave is paid, unpaid, or a mix of both. Paid leave is often provided for the death of close family members, while unpaid leave or the use of PTO/vacation days may apply for distant relatives. This transparency helps employees plan and alleviates any confusion when they are already going through a difficult time.

6. How Employees Can Submit a Request for Bereavement Leave

Outline the specific process employees need to follow to request bereavement leave. The easier and more transparent the process, the more supported your employees will feel.

This could include:

• Notifying their supervisor or HR as soon as possible to allow time for scheduling and arranging for coverage.
• Submitting documentation, such as a death certificate or obituary, for their leave request to be approved.

7. Requesting Additional Bereavement Leave

While your standard policy might offer a certain number of days off, some employees may need more time to cope. You should include a section on how employees can request additional leave. For example, if the employee has used their five days of bereavement leave but needs more time to manage personal matters, you might allow them to use vacation or sick days or take additional unpaid leave.

8. Additional Support and Perks

Finally, include any additional support you may offer to employees during their bereavement period. This might include flexible or alternative work schedules to help employees manage their workload as they navigate the grieving process. Additionally, you might provide access to an Employee Assistance Program (EAP) or counseling services. These small but meaningful perks show that you care for the well-being of your employees beyond just the basic leave policy.

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Is Bereavement Leave Paid or Unpaid Leave?

Payment during bereavement leave depends on company policies. Some employers offer paid leave as part of their benefits package, while others may provide unpaid time off. Whether additional time off is offered or not also depends on whether an employee is full time or part time.

If your company offers bereavement leave, it’s important to be clear about the details so employees know what to expect.

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How Do Employers Calculate Bereavement Pay?

While not all employers offer paid bereavement leave, those that do typically have clear guidelines on how the pay is calculated, depending on factors such as the employee's salary structure, working hours, and company policies.

The way employers calculate bereavement pay will vary depending on whether the employee is exempt (salaried) or non-exempt (hourly). Salaried employees typically receive their regular pay for the days off during bereavement leave, regardless of the number of hours they work each day. In contrast, hourly employees are usually paid for the actual hours they would have worked during the leave period, so the amount will be based on their hourly rate.

Example #1 (Salaried employee):

A Marketing Manager earns $4,000 per month and takes 5 days of paid bereavement leave as per the company policy.

Calculation: As a salaried employee, the employee is paid the same amount regardless of whether they work or take leave. In this case, the employee is on bereavement leave for 5 days. Since the employee is salaried and earns a set amount each month, they will receive their full salary for the month, which is $4,000, even though they took 5 days off for bereavement leave.

Example #2 (Hourly employee):

A Customer Service Representative who earns $15 per hour and works 40 hours per week (8 hours per day, Monday through Friday) takes 3 days of paid leave as per the company policy.

Calculation: For this hourly employee, bereavement pay is based on their regular hourly rate and the number of hours they would have worked during the leave period.

• The employee works 8 hours per day, so the total number of hours for 3 days of bereavement leave is 8 hours/day x 3 days = 24 hours
• The employee’s hourly wage is $15 per hour, so the bereavement pay for 3 days would be calculated as:

24 hours x 15 dollars/ hour = 360 dollars

Therefore, the employee will receive $360 in bereavement pay for the 3 days they took off for bereavement leave.

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Why Bereavement Leave Matters for Employers

Bereavement leave plays a crucial role in supporting employees during one of life’s most challenging and emotional times. While it is not always legally required, offering paid or unpaid bereavement leave can have significant benefits for employers.

These benefits include:

• Bereavement leave helps employees cope with grief and the loss of a loved one, which can help reduce stress and emotional recovery. A lack of investment in employee well-being is a common reason employees leave a position.
• Providing compassionate leave shows that your organization values employees as people as well as workers which has shown to increase job satisfaction.
• A clearly defined policy ensures all employees are treated equally, reducing confusion and potential feelings of favoritism.
• Transparent policies create trust between employers and employees, naturally building sustainable workplace relationships.
• Offering compassionate leave will help your company build up a reputation as an empathetic and supportive workplace, making it more attractive to potential talent.
• Employees who feel supported during a loss are more likely to return to work focused and committed.
• A clear policy helps keep employers compliant with local laws and regulations when it comes to bereavement leave.

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How Can Employers Track Employee Leave Efficiently?

Nowadays, there’s a tool for everything and anything, especially when it comes to efficiently managing data across different jurisdictions. Comprehensive global HR software that syncs with your HRIS systems   can make it easier to stay on top of who’s off, when they’re off, how much time they’ve taken, and consequently how much you need to pay them at the end of the month. Plus, it’ll help keep everything running smoothly for both managers and employees.

Here’s how employers can track leave more efficiently:

• Leave Management Systems (LMS) automate tracking and integrate with payroll for accurate leave balances.
• Clear documentation and processes ensure employees submit formal requests, which helps maintain accurate records.
• Employee self-service portals allow workers to request and track their leave transparently.
• Manager approval workflows ensure consistent application of leave policies.
• Time-off tracking tools categorize different types of leave and provide reminders.
• Regular leave audits ensure compliance and accuracy.
• Clear communication channels establish guidelines for reporting and documenting bereavement leave.

This way, tracking leave becomes simpler and more accurate, creating less room for mistakes and helping to keep things fair for everyone.

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