Bereavement Leave: Employer’s Guide 2024
What Is Bereavement Leave?
Bereavement leave is a period of time off from work that an employee is allowed to take following the death of a close family member or loved one.
The purpose of bereavement leave is to provide the employee with time to grieve, organize and attend funeral services, and handle any necessary affairs related to the death.
The specifics of bereavement leave, such as the length of time off and whether it is paid or unpaid, can vary depending on the employer's policies, the country's labor laws, and sometimes the relationship of the deceased to the employee.
Some organizations may also extend bereavement leave for the loss of close friends or even pets, but this is less common.
Is Bereavement Leave Required By Law?
In the United States, bereavement leave is not mandated by federal law. This means there is no federal requirement for employers to provide paid or unpaid time off when an employee loses a family member.
As of December 2023, five states require employers to provide bereavement leave to their employees: California, Illinois, Maryland, Oregon, and Washington.
| State | Law | Organizations with |
| Oregon | Employees can take up to two weeks of unpaid leave following the death of a family member. The max is 12 weeks per calendar leave year. | 25 or more employees. |
| California | Employees can take up to five days of unpaid leave for the death of a family member. | 5 or more employees. |
| Illinois | Employees can take up to two weeks of unpaid leave for the death of a covered family member. This is also for losses related to fertility, pregnancy, surrogacy, and adoption. | 50 or more employees. |
| Maryland | Employees can use either up to five days of paid sick time or up to three days off for the death of an immediate family member. | 15+ or more employees. |
In the absence of state laws, many employers still choose to offer bereavement leave as part of their benefits package.
How To Create A Bereavement Leave Policy
The key to writing a bereavement leave policy is making it both compassionate and practical.
Here’s a guide to help you develop a policy that supports your employees while considering the needs of your organization:
1. Define eligibility and scope
Decide who is eligible for bereavement leave (e.g., full-time, part-time, temporary employees).
Specify which relationships qualify for leave (immediate family members, extended family, close friends, etc.).
2. Set the duration of leave
Determine how many days off you will offer. This often ranges from 3 to 7 days depending on the employee's relationship to the deceased.
Another consideration is whether travel needs (e.g., international travel) might require longer leave periods and how many days of total bereavement leave someone can take in a vacation year.
3. Decide on pay
Choose whether the leave will be paid or unpaid. Some organizations offer paid bereavement leave as an additional benefit.
If offering paid leave, you might want to specify any conditions or limits such as a certain number of paid days per year.
4. Outline the process
Explain the procedure for requesting bereavement leave. This might include whom to notify and what documentation, if any, is required (e.g., a death certificate), and how last-minute requests will be handled.
Also specify which systems e.g. leave management software you’ll use to track the leave.
5. Communicate clearly
Add the bereavement leave policy to your employee handbook and ensure that all employees are aware of the policy and understand how to apply for leave.
Train managers and HR personnel on the policy details and how to handle bereavement leave requests sensitively.
5. Review and adapt
Regularly review the policy to ensure it meets the needs of your employees and aligns with any changes in employment law.
Be open to feedback from employees and adjust the policy as needed to better support them during difficult times.
How Else You Can Support A Grieving Employee
In addition to bereavement leave, there are many ways that your organization can support workers through the death of a loved one.
- Provide access to counseling services through an Employee Assistance Program to help employees cope with their grief.
- Offer resources and referrals for grief counseling or support groups.
- Train managers and supervisors on how to communicate sensitively with employees who are grieving.
- Encourage a culture of openness where employees feel comfortable expressing their needs and emotions without fear of judgment.
- Maintain communication and offer reassurance about their job security and your support.
Why Your Business Should Provide Extended And Flexible Bereavement Leave
In the U.S., it’s estimated that 90% of businesses offer bereavement leave as a benefit so it’s pretty much the standard now.
Additionally, losing a loved one is stressful enough so showing compassion and supporting the employee is 1) the right thing to do and 2) helps look after their wellbeing.
Empathy’s 2024 report ‘The Cost of Dying’ cites 5.6 days as the average length of bereavement offered by companies.
A 2019 NFP and Helios HR study concluded that 68% of employers offered 1-3 days of paid bereavement for immediate family members.
Therefore, considering the best-case scenario of the two studies, the average employer provides just one standard workweek to grieve the loss of a loved one.
In 2023, an article published on WebMD titled ‘Grieving and the Stages of Grief’ stated that grief symptoms are more intense within the first 6 months of experiencing a loss.
As senior HR leader, Jason R. Herring, points out “Organizations that provide extended, or enhanced, bereavement leave understand that supporting employees through life’s most challenging moments is not only a matter of compassion, but also a strategic approach that demonstrates the organization's commitment to employee mental and emotional well-being.
While typical bereavement leave offers only a few days off, often insufficient for dealing with the immediate aftermath of a loss, providing employees with a longer, more flexible bereavement leave allows them the necessary time not only to grieve but also to handle complex personal and legal matters that can arise.
Some companies have begun the process of expanding their bereavement leave. While some organizations are offering up to four weeks, or 20 days, of bereavement leave, a few organizations have begun to offer unlimited time off.
Another way to support employees during their grieving period is by allowing them to take their bereavement leave intermittently. These evolving policies reflect the growing acknowledgment and need for extending bereavement leave.”
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FAQs
Is proof required to take bereavement leave?
Whether proof is required to take bereavement leave depends on the employer’s policies. Some employers may require some form of proof, such as a death certificate, an obituary, or a funeral service program, to verify the reason for the leave.
However, many employerWhether proof is required to take bereavement leave depends on the employer’s policies. Some employers may require some form of proof, such as a death certificate, an obituary, or a funeral service program, to verify the reason for the leave.
However, many employers choose not to require proof out of respect for the employee’s privacy and the sensitive nature of the situation. They rely on trust and the professional integrity of their employees. Some choose not to require proof out of respect for the employee’s privacy and the sensitive nature of the situation. They rely on trust and the professional integrity of their employees.
How long is bereavement leave?
In the United States, there is no federal mandate requiring employers to provide bereavement leave, either paid or unpaid. As a result, the length of bereavement leave can vary significantly depending on the employer’s policy.
Typically, if employers choose to offer bereavement leave, the common practice is to provide around 3 to 5 days of leave for the death of immediate family members, such as a spouse, child, or parent.
As perhaps a new benchmark, the United States Department of Agriculture recently introduced a parental bereavement leave that affords two weeks of paid leave following the death of a child.
For extended family members or friends, the leave length might be shorter, often 1 to 3 days.
Some companies might offer more flexible arrangements based on the specific circumstances, such as travel needs if the funeral is far away.
Is bereavement leave paid or unpaid?
This depends on the laws governing the leave or the discretion of the organization.
What's the difference between bereavement leave and compassionate leave?
Bereavement leave is when an employee loses a family member or loved one. It gives the employee time to grieve, make arrangements, and attend the funeral.
This type of leave is typically short-term, usually ranging from a few days to a week, depending on the employer’s policy and the relationship to the deceased.
Compassionate leave (also known as carer’s leave or personal leave) is broader and can be used for various emergencies or family care responsibilities. This might include taking care of a seriously ill family member, dealing with a family emergency, or addressing other critical personal matters.
Compassionate leave can vary in length, depending on the situation and the employer’s policies. It can be a few days or extended to longer periods if necessary, and it may be paid or unpaid depending on the employer and labor laws.