Last Updated on May 7, 2026 by MyHRConcierge

Bereavement leave is one of the most sensitive and emotionally significant workplace policies employers manage. When an employee experiences the loss of a loved one, the employer’s response can have a lasting impact on employee morale, retention and workplace culture. While many organizations voluntarily provide bereavement leave as part of their benefits package, the legal requirements surrounding bereavement leave in the United States remain limited and highly dependent on state law.

For HR professionals and employers, understanding both federal and state-level bereavement leave requirements is critical for maintaining compliance and creating compassionate workplace policies. Because there is no comprehensive federal bereavement leave mandate for private employers, organizations operating across multiple states must navigate a patchwork of varying regulations.

Is Bereavement Leave Required Under Federal Law?

At the federal level, there is currently no law that requires private employers to provide paid or unpaid bereavement leave to employees. The Fair Labor Standards Act (FLSA) does not mandate payment for time not worked, including time taken off due to the death of a family member. This means employers are generally not legally obligated under federal law to offer bereavement leave benefits.

Additionally, the Family and Medical Leave Act (FMLA) does not recognize bereavement leave as a qualifying reason for protected leave in most situations. Employees cannot typically take FMLA leave solely because a loved one has passed away. However, there are limited circumstances where FMLA protections may indirectly apply. For example, an employee may qualify for FMLA leave if they are caring for a family member before death due to a serious health condition or if the employee develops a qualifying mental health condition related to grief.

There is also a narrow military-related exception under the FMLA that allows certain leave rights connected to military service member deaths and funeral arrangements. Because federal law provides limited guidance, bereavement leave policies are largely left to employer discretion, unless state law imposes additional requirements.

Why Bereavement Leave Policies Matter

Even in states where bereavement leave is not legally required, many employers choose to implement formal policies to support employees during periods of grief. A clearly written bereavement leave policy can help ensure consistency, reduce confusion and demonstrate empathy during difficult circumstances.

Most employer policies outline the amount of leave available, whether the leave is paid or unpaid, which family members are covered and whether documentation such as an obituary or funeral program may be requested. Some employers also provide flexibility through PTO, sick leave or remote work accommodations.

From an HR perspective, bereavement leave policies also help reduce legal and employee relations risks. Inconsistent handling of leave requests can lead to claims of favoritism, discrimination or unfair treatment.

States With Bereavement Leave Laws

Although there is no federal bereavement leave mandate, several states have enacted laws that either require certain employers to provide standalone bereavement leave or allow employees to use accrued protected leave for bereavement-related purposes. These laws vary significantly in eligibility requirements, employer coverage and whether the leave is paid or unpaid. Employers should recognize that standalone bereavement leave requirements are legally different from laws that simply permit employees to use accrued sick or paid leave for bereavement-related activities.

California

California requires employers with five or more employees to provide eligible employees with up to five days of bereavement leave following the death of a qualifying family member. Employees must generally have worked for the employer for at least 30 days before becoming eligible. The leave does not have to be paid unless the employer already provides paid leave benefits that may be applied during the absence. Covered family members include spouses, children, parents, siblings, grandparents, grandchildren, domestic partners and parents-in-law.

Illinois

Illinois provides bereavement protections under the Family Bereavement Leave Act (FBLA) for employers with 50 or more employees. Eligible employees working for covered employers may take up to 10 workdays of unpaid leave following the death of a covered family member. The law primarily applies to employers already covered under the Family and Medical Leave Act (FMLA). Illinois law also extends protections for certain pregnancy, adoption and fertility-related losses under qualifying circumstances. Covered family members include spouses, children, parents, siblings, grandparents, grandchildren, domestic partners and stepparents. 

Maryland

In Maryland, all employers with 15 or more employees must provide bereavement leave. Eligible employees may use accrued paid or unpaid leave in the forms of sick leave, vacation time or compensatory time for the death of a spouse, parent or child. This state law does not specify documentation requirements.

Oregon

Oregon law provides bereavement leave protections through the Oregon Family Leave Act (OFLA). The law generally applies to employers with at least 25 employees. Eligible employees who have worked an average of at least 25 hours per week for 180 days may take bereavement leave following the death of a qualifying family member. Oregon law allows up to two weeks of unpaid leave per family member, with a maximum of four weeks of bereavement leave per leave year in most situations. All family members- including extended relatives and in-laws- are covered.

Washington

Washington provides limited bereavement-related protections for all employers and employees. Employees may qualify for up to five days of bereavement leave for the death of a family member or household member, or for the loss of a pregnancy. A “family member” can include a child, parent, spouse, domestic partner and any individual relying on the employee’s care. An employer may require verification for documentation. The leave is paid and an employee may also use accrued compensatory time, holiday credit, sick leave, vacation leave and/or a personal holiday. 

States Without Specific Bereavement Leave Laws

The majority of U.S. states currently do not require employers to provide bereavement leave. In these states, employers generally maintain full discretion over whether to offer leave, how much leave to provide and whether the leave is paid.

However, employers should still review state and local paid sick leave laws carefully. In some jurisdictions, employees may be permitted to use accrued paid sick leave for bereavement-related purposes even if the state does not formally mandate bereavement leave.

Multi-state employers should also ensure their policies comply with the most employee-protective laws applicable to their workforce.

Should Bereavement Leave Be Paid?

Because no federal law mandates paid bereavement leave for private-sector employees, employers have flexibility in how they structure their policies. Many organizations offer between three and five days of paid leave for immediate family members, and potentially shorter periods for extended family members.

Some employers choose to provide unpaid bereavement leave while allowing employees to supplement time off with PTO or vacation time. Others offer more flexible grief support programs that include mental health benefits, employee assistance programs or extended leave accommodations.

Competitive bereavement leave policies can also support recruitment and retention efforts. Employees increasingly expect employers to prioritize mental health, work-life balance and compassionate workplace practices.

HR Best Practices for Bereavement Leave Policies

HR professionals should regularly review bereavement leave policies to ensure compliance with applicable state laws and alignment with organizational culture. Policies should clearly define employee eligibility, covered family relationships, required documentation and whether leave is paid or unpaid.

Consistency in administration is equally important. Managers should receive guidance on how to respond to bereavement situations respectfully and lawfully while maintaining confidentiality and avoiding discriminatory practices.

It is also important for employers to recognize that grief affects employees differently. While some employees may return to work quickly, others may require additional support or accommodations. Flexible communication and empathy can significantly improve the employee experience during difficult periods.

Final Thoughts

Bereavement leave laws in the United States continue to evolve, particularly at the state level. While federal law currently does not require private employers to provide bereavement leave, several states have implemented protections that employers must carefully follow. Employers should regularly review updated state labor department guidance and consult legal counsel when necessary to ensure ongoing compliance with changing leave laws.

As more states consider expanding leave protections, employers should continue monitoring legislative developments and reviewing their state’s policies regularly to remain compliant and competitive.

For more information on how to enhance your organization’s compliance efforts, contact MyHRConcierge at 855-538-6947 ext.108, ccooley@myhrconcierge.com. Or, schedule a convenient consultation below: