Allowing an employee to take time off work after the death of a loved one can ease the bereavement process for everyone involved. Your employee can take care of important obligations, like making funeral arrangements or attending a memorial service, without having to focus on work or use up all of their personal leave.
But how many days of bereavement leave should you offer, and are there any state or federal laws to consider when creating a bereavement leave policy?
Let’s take a look at bereavement leave in the U.S., how it differs from other types of leave, and how much bereavement leave you should offer eligible employees.
What Is a Bereavement Leave Policy?
A bereavement leave policy is a document created by your human resources team that explains how much time an employee can take off work following the death of a family member, close friend, or another loved one. It should explain:
- Who is eligible for bereavement leave? Some bereavement leave policies only apply to the death of close relatives, such as a parent or domestic partner, while others include grandparents, in-laws, stepparents, and stepchildren.
- How many days can an employee take off work? Bereavement leave can last anywhere from 1-3 workdays for the death of an immediate family member, and provide up to two weeks of leave for the death of a child or domestic partner.
- Do employees get paid while on bereavement leave? Some policies provide paid leave following the death of a loved one, while others only provide unpaid time off. Employees may be able to use sick leave or paid time off (PTO) if they want to get paid while on leave or need to take additional time off.
By outlining eligibility and leave entitlements in your employee handbook, you can avoid confusion and ensure that employees have access to the bereavement time they need. Using an absence management platform like Pulpstream can help you streamline the bereavement leave process and facilitate an adjusted work schedule.
Who Establishes Bereavement Leave Policy?
Bereavement leave policies can vary from one organization to the next. So who or what determines the details of your bereavement leave policy and do you have much leeway to change them? That depends on your industry, size, and location.
Here are three key factors that go into creating a bereavement leave policy:
- Your HR team. Employers have a lot of discretion in how much bereavement time to offer, so think carefully about your workplace culture and organizational goals. Generous employee benefits like paid bereavement leave show that you care about your employee’s time, well-being, and mental health.
- State and federal law. There’s no federal law that requires bereavement leave, but some states, such as Illinois and Oregon, have state laws that do. Also, the Family and Medical Leave Act (FMLA) allows for time off for certain qualifying reasons that may be related to the death of a loved one.
- A collective bargaining agreement. Some workers’ unions, such as the Service Employees International Union (SEIU), have bereavement leave policies in their contract or collective bargaining agreement that you may need to adhere to.
When creating a bereavement leave policy, employers should take all of these factors into account and clearly communicate the requirements to their employees.
Alternatives to Bereavement Leave
Sometimes, an employee may not be eligible for bereavement leave, or the amount of time they’re entitled to isn’t enough to properly grieve or attend funeral services. Here are three ways to support your employee through a difficult situation.
Personal Leave
Employees may be able to draw from their personal leave balance in order to extend their paid or unpaid bereavement leave. Work with your employee to determine how much time they need, and see if you can reach a satisfactory agreement.
Compensatory Time
Compensatory time refers to working overtime or beyond an employee’s ordinary work schedule in order to acquire more paid time off. For example, an employee could work evenings or weekends to compensate for an extended bereavement period.
There are strict regulations covering compensatory time, so ensure that your policies comply with the Fair Labor Standards Act (FLSA) at DOL.gov.
FMLA Leave
The Family and Medical Leave Act (FMLA) is a federal law that applies to both full-time and part-time employees at companies with at least 50 employees in a 75-mile radius. Although it doesn’t provide for bereavement leave, it allows time off to:
- Care for an ill or injured family member
- Address the employee’s own serious health condition
This could allow an employee time off to care for another family member impacted by a loved one’s death, or address their own mental health needs arising from grief.
Bereavement Leave Policies by State
State-specific leave laws can add some complexity when implementing a bereavement leave policy. This can impact how much leave is available, whether it’s paid or unpaid, and which employees are eligible for it. Here are five states that require employers to offer some form of paid or unpaid bereavement leave:
- California: Employees in California can take up to five days of leave following the death of a family member, within three months of their death.
- Colorado: The Colorado Healthy Families and Workplaces Act (HFWA) allows employees to take up to 40 hours of paid bereavement leave.
- Illinois: The Family Bereavement Leave Act (FBLA) provides two workweeks of leave per death of a family member, up to 6 weeks in a 12-month period.
- North Carolina: In 2024, Governor Roy Cooper signed an Executive Order that allows employees to take up to 40 hours of paid bereavement leave.
- Oregon: The Oregon Family Leave Act (OFLA) provides up to 12 weeks of leave per calendar year, or two for each immediate family member.
These are just some of the state policies covering bereavement leave. Check your local employment laws to ensure you’re complying with these and other relevant laws.
Create a Compassionate Bereavement Leave Policy
The death of a family member is one of those times when a strict bereavement leave policy can brush up against the realities of human relationships. Here are three ways you can support your employees with a compassionate bereavement leave policy:
- Be tactful when requesting a death certificate. Employees know they may be asked to provide documentation when requesting bereavement leave, but it can still be awkward. When you use a leave management platform like Pulpstream, employees can upload documents discreetly and securely.
- Broaden the definition of family member. The death of a friend, foster child, or stepparent can be as difficult as that of a biological family member. Some policies use the term “in loco parentis” to include people who acted as a parent in place of a person’s immediate or biological parents.
- Offer employee counseling. Providing counseling as an employee benefit can help employees work through their grief and other mental health issues.
Manage Bereavement Leave with Pulpstream
A bereavement leave policy outlines all of the rules and requirements that apply when an employee takes time off following the death of a loved one. Employers have a lot of discretion when providing leave, but federal laws, state laws, and collective bargaining agreements can all impact what goes into your bereavement leave policy.
Pulpstream’s leave of absence automation platform makes it easy to review employee leave requests and check them for compliance against a custom rule engine. Plus, our self-service portal allows you to request sensitive documents like a death certificate, which employees can upload online at their convenience.
Request a demo today to see how Pulpstream can simplify bereavement leave.
