Bereavement Leave: What It Is and How It Works

Bereavement leave is time off given to employees after the death of a loved one, allowing them to manage funeral arrangements and grieve without work pressure. It typically covers immediate family members like a spouse, child, parent, or sibling, and in some cases, extends to others such as domestic partners or close friends.

This guide covers the essentials of bereavement leave-what it is, legal requirements, types, and how to request it-helping employees and employers handle it with clarity and care.

Bereavement leave vs. compassionate leave

To clarify the differences between funeral leave and compassionate leave, here's a comparison chart for easy reference:

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Types of Leave for Grieving Employees

When it comes to supporting a grieving employee, employers offer various types of leave tailored to different needs and circumstances. These options ensure that staff members can take the necessary employee time to cope with loss. Here are the main types:

• Paid Bereavement Leave: It provides paid time off for immediate family losses, allowing employees to attend services and manage arrangements without financial stress.
• Unpaid Bereavement Leave: Unpaid leave, often up to two weeks or more, is available when paid options run out. It's helpful for grieving extended family or when more time is needed to cope.
• Funeral Leave: This short-term leave, typically one or two days, is for attending or arranging funerals. It may be paid or unpaid, depending on the relationship to the deceased.
• Extended Bereavement Leave: For cases involving the death of a family member in special circumstances, such as in the armed forces or a combat zone. This can include additional unpaid leave for foster children or domestic partners in committed relationships.
• Combined Leave Options: Some policies let employees combine funeral leave with sick, vacation, or comp time, offering flexibility for longer absences when needed.

Understanding laws and regulations for bereavement leave

Bereavement leave laws vary, with no federal mandate for paid or unpaid leave. However, some protections exist, and many states require leave for employers with five or more staff. Here's a quick breakdown:

Federal law related to bereavement

Under the Family and Medical Leave Act (FMLA), bereavement itself isn't covered, but related qualifying reasons like serious health conditions leading to death might qualify for unpaid leave. There's no direct federal mandate for bereavement pay, but recent developments, such as the Parental Bereavement Leave discussed by the U.S. Office of Personnel Management, aim to provide two weeks of paid leave for federal employees mourning the loss of a child.

State saws on bereavement Leave

Many states require employers to provide funeral leave. For example, Illinois' Family Bereavement Leave Act, effective since 2023, entitles eligible employees to up to 10 workdays of unpaid leave for the death of a covered family member, including children, spouses, or parents.

California's bereavement leave requirements

Since 2023, California law mandates up to five days of unpaid leave for the death of immediate relatives, domestic partners, or household members. Employers must allow this for grieving employees, and it can be used for funeral arrangements or memorial services.

Other state variations

States like Oregon and Washington have similar provisions, often requiring reasonable documentation. Collective bargaining agreements in unionized workplaces may enhance these, offering paid or unpaid time beyond the minimum.

Eligibility requirements

Generally, full-time employees qualify after a probationary period, but part-timers might be excluded. Laws often cover death in the armed forces or other special cases, emphasizing the need for employers to require proof only when necessary.

Bereavement leave and pay options

Pay during funeral leave can significantly affect how employees manage their time off. Options range from fully paid to unpaid, often outlined in the employee handbook. Here's a bullet-point overview:

• Paid Bereavement Leave: Many employers offer paid leave for up to five days, covering salary for immediate family deaths. This paid time helps maintain financial stability during grief.
• Unpaid Bereavement Leave: Common for extended family members or longer periods, this allows unpaid time off without job loss. Employees might use it after exhausting paid options.
• Hybrid Paid and Unpaid Time: Some policies start with paid leave for the first few days, then shift to unpaid for additional time, up to two weeks total.
• Bereavement Pay Through Other Means: Employers may allow using sick leave, vacation time, or compensatory time for paid or unpaid bereavement. This flexibility aids in covering costs like funeral services.
• Special Cases for Pay: In states with mandates, like Illinois, the leave is unpaid but can be combined with paid benefits if available.

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Human resources role in bereavement leave

The HR team plays a crucial role in managing funeral leave, from policy development to support. Here's how they contribute:

• Developing Bereavement Policy: HR creates clear guidelines in the employee handbook, detailing eligibility for immediate family, extended relatives, or close friends.
• Communicating Policies: They inform staff about bereavement leave laws, pay options, and proof required, like a death certificate, to set expectations.
• Handling Requests: HR processes requests, verifying details and coordinating with the immediate supervisor for smooth transitions.
• Providing Support: Beyond logistics, HR offers resources for emotional well-being, such as counseling, especially after a loved one's passing in challenging circumstances.
• Ensuring Compliance: They oversee federal and state laws to ensure employers provide bereavement leave fairly and without discrimination.

How to request bereavement leave

Requesting bereavement leave typically follows a simple process to help ensure smooth approval and limit workplace disruption.

1. Notify Your Immediate Supervisor Promptly: As soon as possible after the death, inform your supervisor about the situation and your need for time off.
2. Review the Employee Handbook: Check your company's bereavement policy for details on duration, pay, and eligible relationships.
3. Submit a Formal Request to HR: Provide details like the relationship to the deceased and expected dates, possibly including reasonable documentation.
4. Discuss Any Proof Required: If needed, prepare items like a death certificate or funeral home notice to support your request.
5. Plan for Return and Follow-Up: Coordinate with your team on work coverage and touch base with HR upon return for any extensions.

FAQs

Here are some FAQs for better understanding:

How many days of bereavement leave are typical in the US?

In the US, funeral leave typically lasts 3 to 5 days, depending on the employee's relationship to the deceased. Many employers provide around 3 paid days off for immediate family members such as spouses, children, or parents to attend funerals or manage arrangements. Some policies may include 1-2 days of leave for extended family members or close friends. These timeframes aren't mandated by federal law but reflect common employer practices and state regulations where relevant.

Do all companies offer paid bereavement leave?

Not all companies must offer paid funeral leave, especially smaller ones. State-mandated leave is usually unpaid unless combined with PTO or sick days. Employers may choose to pay leave to attract talent, but it's not required.

What's the difference between bereavement leave and FMLA?

Bereavement is short-term (days) for post-death needs, often employer-provided; FMLA is 12 weeks unpaid for health/family issues, excluding routine bereavement unless linked to a serious condition like depression.