Bereavement leave
Bereavement leave is time away from work an employee takes after a family member’s death, for grieving, funeral arrangements, travel, and estate matters.
Federal law requires no bereavement leave, so the obligation sits mainly with your policy. Employer policies commonly grant three to five paid days for the death of a spouse, child, parent, or sibling. A grandparent, in-law, or other extended relative commonly gets one to three days. A written policy works best when it names the relationships covered, the days, and whether they are paid. Vague terms leave you deciding case by case, which invites inconsistency between managers and, over time, discrimination complaints.
Which states require bereavement leave?
Only a handful of states mandate bereavement leave, and their rules differ in length, coverage, and pay. Bereavement leave is paid only when your policy or a collective bargaining agreement says so. State laws that require the leave generally make it unpaid, though employees can usually substitute accrued paid time offPaid time off (PTO). Paid time off (PTO) is a single bank of paid hours an employee draws from for vacation, illness, or personal reasons.Click to open the term. Several other states let employees use accrued paid sick or safe leave for bereavement. Check the state labor agency for current threshold, notice, and documentation rules before relying on these figures.
| STATE | RULE |
|---|---|
| California | Employers with five or more employees allow up to five days for a close family member’s death, unpaid unless your policy pays |
| Illinois | The Family Bereavement Leave Act gives eligible employees of covered employers up to two weeks unpaid, including after a pregnancy loss or failed adoption |
| Oregon | Bereavement sits in its family leave law: up to two weeks per family member, within a limited window after the death |
General information, not legal or tax advice. Apply current federal and state rules with qualified guidance.