It’s important for employers to remember that when grieving, people experience different ways of coping, and may have varied attitudes and beliefs about the healing process. Having a clear and thoughtful bereavement leave policy is good for your employees—and for your business.
If you have an employee who recently lost a family member, they may want some time off work to grieve, attend the funeral, and spend time with loved ones. But, if you don’t have a bereavement leave or grievance pay policy in place, handling these kinds of requests can be difficult; here’s what you need to know to set up a bereavement leave policy for your business.
What is bereavement leave?
Bereavement leave is a benefit offered to employees enabling them to take time off to grieve the loss of a loved one, typically an immediate family member but sometimes also a close relative or friend. This can include time to make memorial service or funeral arrangements and to attend the funeral services.
In some situations, you may also hear it called a funeral leave, but they’re essentially the same thing. The leave provides employees a set amount of paid time off—and sometimes extended leave that might not be paid.
Are there bereavement leave laws?
There are no federal bereavement leave laws requiring employers to offer paid or unpaid time off, and the majority of states still don't have bereavement laws in place. The exceptions are:
Oregon, which requires that employers with 25 or more employees in Oregon in the current or previous year offer bereavement leave. That leave is up to two weeks, and it must be taken within 60 days of when the employee learned of the death. Oregon doesn't, however, require the leave to be paid. Employees qualify for bereavement leave if they have worked at least 180 calendar days and an average of 25 hours a week before taking the leave.
Washington, which requires employers to provide up to 7 paid days of bereavement leave under the state's Paid Family and Medical Leave (PFML) program—not its paid sick leave law. Employees can use this leave any time within 12 months of a qualifying family member's death. This is a recent expansion: as of July 1, 2026, the benefit grew from 3 paid days (usable within 7 days of the death) to 7 paid days usable within a full year, making Washington the only state that requires paid bereavement leave.
Illinois, whose Family Bereavement Leave Act (formerly the narrower Child Bereavement Leave Act) requires employers with 50 or more employees to provide up to 10 unpaid workdays of leave—not just for the loss of a child, but for the death of any covered family member, as well as pregnancy loss events like miscarriage, stillbirth, or a failed adoption or surrogacy match. Employees can take up to 6 weeks total if more than one qualifying event occurs within 12 months, and must have worked at least 1,250 hours over the prior 12 months to be eligible.
California, whose bereavement leave law (AB 1949) requires employers with 5 or more employees to provide up to 5 days of leave upon the death of a family member (spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law), to be completed within 3 months of the death. The leave itself doesn't have to be paid, but employees must be allowed to use any accrued paid leave they have.
Maryland, whose Flexible Leave Act requires employers with 15 or more employees that already offer other forms of paid leave to let employees use their accrued paid leave for bereavement upon the death of an immediate family member (child, spouse, or parent).
Vermont, which requires employers with 10 or more employees (whose employees average 30+ hours a week) to provide up to 2 weeks (10 workdays) of leave, with no more than 5 days taken consecutively, within 1 year of the death. This was expanded via Act 32 (2025), effective July 1, 2025.
Federal and state laws aside, there are circumstances in which an employer may still be required to provide bereavement leave:
If an individual employment contract or a collective bargaining agreement (in the case of union workers, for example) includes a bereavement leave arrangement, the employer must honor it.
Under Title VII of the Civil Rights Act of 1964, employers may need to provide funeral leave as it relates to religious accommodations—so long as the employee's request for religious accommodation is not an undue hardship for the employer. Since religious beliefs and practices are broadly described under Title VII, employers have the right to request more information about a leave request and evaluate each request on a case-by-case basis. Note that the Supreme Court's 2023 decision in Groff v. DeJoy raised the bar for what counts as "undue hardship," requiring employers to show a substantial increased cost to the business—not just a minor inconvenience—before denying a religious accommodation request. Take a look at Adeyeye v. Heartland Sweeteners, LLC as a reference.
Should I offer leave and bereavement pay if I’m not required to?
If you’re not required to offer bereavement leave, then it’s up to you to decide whether to do so. And if you do, whether to provide bereavement pay along with the leave.
Most employers include bereavement leave in some capacity. According to the Society for Human Resource Management's 2024 Employee Benefits Survey, 91% of employers offer paid bereavement leave for their full-time employees—up from 88% in recent years. Of those employers, three to five days is the most common length of leave offered, depending on the employee's relationship with the deceased. Notably, only 39% of employers extend paid bereavement leave to cover pregnancy loss, failed surrogacy, or failed adoption—a gap worth considering given that states like California and Illinois now require coverage for those events.
If you choose to adopt a bereavement leave policy, it’s important that you communicate it to your employees clearly and in writing. (This is definitely something to put in your employee handbook.) That way, there aren’t any surprises when someone wants to use it.
If you decide to set up a policy, make sure it includes answers to common questions. Clearly explain the following:
What bereavement leave is and how an employee would qualify to take it (for instance, in the case of an immediate family member’s death)
How many days are available for bereavement leave and if the days can be taken non-consecutively
If paid and/or unpaid leave are available—and how much of each
In the case of paid leave for shift workers with variable rates of pay (like higher rates for night shifts), clarification on rate of pay during the leave
If verification of loss (such as a funeral home notice or published obituary) is required
How to request leave and track the time accordingly
If extended leave is an option, provide clarity on whether any benefits are paused (e.g. a vesting schedule)
You’ll need to create your company’s leave policy based on any applicable state laws,the needs of your employees, and what you can realistically offer. If you currently don’t have a plan in place and are looking to create one, you may want to poll your workers to see what an ideal policy would look like.
If you decide not to provide bereavement leave for your employees, however, you may want to let them know that they can still use other options such as PTO to take time off.
Who is considered immediate family for bereavement leave?
Generally, any of the following could be considered immediate family:
Spouse or domestic partner
Parents and stepparents
Children, stepchildren, and foster children
Sibling
Grandparents
Grandchild
A spouse or domestic partner’s immediate family member
That said, unless you’re governed by state bereavement leave laws, you’re free to set your own definition of an immediate family, and you can even allow for other close relatives or extended family members such as a parent-in-law. Ensure that your policy’s definition of family is broad and inclusive of all employees and their families.
For example, be sure that your definition of family includes domestic partners and their immediate family. Another important category to consider including in your policy would be for miscarriages and stillbirths.
Resources during and after bereavement
In addition to time off work, you may consider offering additional resources and support, such as:
Remote work. If an employee has to travel to attend a funeral or manage arrangements, you may want to offer remote working opportunities if possible.
Flexible hours. Estate-related tasks tend to be easier to handle during normal business hours. If you’re able to offer flexible hours for a few weeks after an employee returns from leave, this may be a welcome benefit.
Employee Assistance Programs (EAPs). Employee Assistance Programs generally offer a broad range of support resources, from grief counseling to legal services.
As an employer, it’s important to remember that your workers grieve differently and even a thoughtful policy may require some exceptions based on employee needs. An HR partner can assist in training your managers or leaders on how to best support and retain employees during a difficult time, while also ensuring that colleagues and business customers are not unduly impacted.
FAQs
How many days of bereavement leave do most employers offer?
Most employers who offer bereavement leave provide between three and five days, depending on the employee's relationship with the deceased. According to a Society for Human Resource Management report, 91% of employers offer paid bereavement leave to full-time employees, even though it's not federally required.
Are employers legally required to offer bereavement leave?
There's no federal law requiring bereavement leave, and most states don't require it either. A few exceptions exist: Oregon requires it for employers with 25+ employees; Washington requires up to 7 paid days under the state's Paid Family and Medical Leave program; Illinois requires up to 10 unpaid days for the loss of a covered family member or a pregnancy loss event, at companies with 50+ employees; California requires up to 5 days at companies with 5+ employees; Maryland requires employers with 15+ employees to let workers use accrued paid leave for bereavement; and Vermont requires up to 10 unpaid workdays at companies with 10+ employees. Outside of these states, an individual employment contract, collective bargaining agreement, or religious accommodation under Title VII of the Civil Rights Act may still obligate an employer to provide it.
Which states require bereavement leave?
Oregon, Washington, Illinois, California, Maryland, and Vermont are the main exceptions to the general rule that bereavement leave isn't legally required. Oregon mandates up to two weeks of unpaid leave for employers with 25 or more employees; Washington requires up to 7 paid days under its Paid Family and Medical Leave program; Illinois requires up to 10 unpaid days for covered family members or pregnancy loss events at employers with 50 or more employees; California requires up to 5 days at employers with 5 or more employees; Maryland requires employers with 15 or more employees to allow use of accrued paid leave; and Vermont requires up to 10 unpaid workdays at employers with 10 or more employees.
Who counts as immediate family for bereavement leave?
Immediate family typically includes a spouse or domestic partner, parents and stepparents, children and stepchildren, grandparents, grandchildren, and a spouse or domestic partner's immediate family. Unless you're bound by a state law that defines it differently, employers are free to set their own definition—and should make sure it's broad and inclusive, covering domestic partners and their families.
Is bereavement leave usually paid or unpaid?
It varies by employer and, in some cases, by state law. Most employers who offer bereavement leave choose to pay it, but it's not required unless mandated by a specific state law, contract, or collective bargaining agreement. Employers that don't offer paid bereavement leave often let employees use regular PTO instead.
