Bereavement Leave: What You Need to Know

Crafting a bereavement leave policy can be challenging for employers, especially when responding to an employee who has lost a loved one. However, it’s important to offer compassionate support and a clear policy that allows employees the time they need to grieve. Understanding the basics of bereavement leave, along with applicable laws, can help you design a policy that balances employee needs with business requirements.

Bereavement Leave Basics

What is Bereavement Leave?

Bereavement leave, also called compassionate leave, is a period of time an employee takes off following the death of a family member or close loved one. This leave allows employees to process their grief, attend to funeral arrangements, and participate in memorial services.

Bereavement leave may be paid or unpaid, depending on the company’s policy and state laws. Offering flexibility in the form of leave is a vital way to support employees during a difficult time, showing them that their well-being matters.

Be sure to check for other bereavement laws in your state.

Who Can Take Bereavement Leave?

Most state laws allow employers the flexibility to decide which employees are eligible for bereavement leave. While some employers may restrict leave to full-time employees or only for the loss of an immediate family member (such as a spouse, parent, or child), others may adopt broader policies. A comprehensive bereavement policy should aim to support all employees affected by the death of a loved one.

The most inclusive bereavement policies allow employees to take paid leave after the loss of any loved one—whether a family member, friend, or close associate. Having a clear, thorough bereavement leave policy helps ensure that employees know when and under what circumstances they can take leave. It’s important for this policy to clearly outline who qualifies for bereavement leave and the process for requesting it.

Is Proof Required to Take Bereavement Leave?

The decision to require proof of death before granting bereavement leave is up to the employer. However, it’s important to handle these situations with sensitivity and compassion. Asking for proof can feel uncomfortable for grieving employees, so it’s essential to approach this delicately.

If proof is required, it’s best to make the process as easy as possible, allowing employees to submit documentation after they have returned to work. Examples of reasonable proof include:

• An obituary
• Funeral notice
• A simple written request that includes the deceased’s name, date of death, location, and relationship to the employee

This approach ensures that the process is not burdensome while still maintaining transparency.

How Long is Bereavement Leave?

The length of bereavement leave varies from company to company, but the average policy grants employees three to four days off for the death of an immediate family member, such as a spouse, parent, or child. For the death of extended family or friends, the time off may be shorter, usually one to two days.

Some companies allow employees to negotiate for additional time off by using paid vacation days, sick leave, or unpaid leave if necessary. Since bereavement leave is not mandated by federal law in most states, the amount of time an employee can take off for bereavement will depend on the employer’s specific policy.

Is Bereavement Leave Mandatory?

There are no federal laws in the United States requiring employers to offer bereavement leave. However, some state laws require employers to provide bereavement leave, whether paid or unpaid. It’s essential to research the laws specific to your state to ensure compliance.

State Laws on Bereavement Leave

While federal laws do not mandate bereavement leave, certain states have laws that require employers to provide leave in these situations. Here are a few state regulations to be aware of:

1. Oregon

Oregon is one of the few states with a law mandating bereavement leave under the Oregon Family Leave Act (OFLA). Employers with 25 or more employees must provide eligible employees up to 2 weeks of unpaid leave for bereavement, which includes:

• Attending a funeral
• Making arrangements
• Grieving the loss of a family member

Employees must take this leave within 60 days of the death.

2. Illinois

Under the Child Bereavement Leave Act, employers with 50 or more employees must provide up to 10 days of unpaid leave to an employee after the death of a child. This leave is provided to allow time for mourning, attending a funeral, or making arrangements.

3. California

While California does not have a state-mandated bereavement leave law for all workers, certain union employees and public sector workers may have access to bereavement leave through collective bargaining agreements.

4. Massachusetts

In Massachusetts, under the state’s Paid Family and Medical Leave (PFML) law, employees may be able to use accrued leave following the death of a family member for reasons related to the death, such as managing affairs or grieving.

Creating a Bereavement Leave Policy for Your Business

When drafting a bereavement leave policy, consider the following key elements to ensure fairness and clarity:

1. Define Who Qualifies for Leave

Clearly outline who can take bereavement leave, and specify which relationships qualify:

• Immediate family members (spouse, children, parents, siblings)
• Extended family (grandparents, in-laws, aunts, uncles)
• Close friends or others as deemed appropriate by the employee

2. Determine the Amount of Leave

Decide how much time off employees can take for bereavement:

• Typical policies range from 3 to 5 days for immediate family members.
• Consider offering additional flexibility for special circumstances, such as the need for travel or managing complex funeral arrangements.

3. Paid or Unpaid Leave

Decide whether bereavement leave will be paid or unpaid. Offering paid leave demonstrates a strong commitment to employee well-being, though it is not mandatory unless specified by state laws or company policy.

4. Notification and Documentation

Clarify how much notice employees must provide and what documentation may be required (e.g., a funeral program, death certificate). Make sure this process is sensitive to the employee’s emotional state during this time.

5. Flexibility for Cultural and Religious Practices

Include provisions for employees from different cultural and religious backgrounds who may observe mourning practices that extend beyond traditional funeral services. Offering additional unpaid time or flexible scheduling can be helpful.

Supporting Employees During Grief

Beyond providing time off, employers should consider other ways to support grieving employees:

• Employee Assistance Programs (EAPs): Offer access to counseling services or support groups to help employees cope with loss.
• Flexible Work Arrangements: After the bereavement leave period, consider offering reduced or flexible work hours to employees who may still be coping with their loss.
• Sympathetic Workplace Culture: Encourage managers and co-workers to be sensitive to the needs of grieving employees, understanding that grief can have lasting emotional effects.

Why Your Business Should Provide Bereavement Leave

Providing bereavement leave is not only a compassionate response to an employee’s loss but also a strategic move that benefits your business. Mindy Cassel, co-founder of the Children’s Bereavement Center, highlights that companies have the ability to positively influence an employee’s recovery after a loss by offering bereavement leave. Supporting employees in this difficult time demonstrates care, and that investment of kindness can pay off in the form of increased loyalty and appreciation from both the grieving employee and their colleagues.

“The benefit to the company is that of greater appreciation and loyalty by both the griever and the staff for their compassion during a critical life event,” Cassel told business.com. She adds that providing bereavement leave can reduce the stress employees feel after a loss and offer much-needed social support and flexibility.

While many view bereavement leave as the right thing to do on a moral level, the practical benefits to the company are undeniable. When you give employees the space to grieve, they are more likely to return to work in a better emotional state, ready to engage productively. Without this leave, an employee may struggle to meet job responsibilities due to emotional distress, which can lead to reduced performance. From a business perspective, providing leave helps employees heal and return to work ready to succeed in their roles.

Bereavement Policy Advice for Business Owners

While bereavement leave is not legally required in most states, it is considered a best practice for businesses. To support employees, businesses should develop a clear and comprehensive bereavement leave policy.

According to Shirley King, founder of Life On Power, a solid bereavement policy should address the following points:

• Who qualifies for bereavement leave?
• Guidelines for immediate family, extended family, and friends.
• Number of days for bereavement leave (for different relationships).
• Paid or unpaid leave?
• Process for requesting bereavement leave.
• Documentation requirements for bereavement leave requests.
• How will the payroll system track bereavement leave?

When establishing guidelines, it’s important to account for blended families, as family dynamics have evolved in today’s society. Inclusivity in defining who qualifies as “family” is essential.

Flexibility in scheduling is also important. Not all employees will want to take their leave all at once. For example, some may need time before or after a funeral or to deal with estate issues. Your policy could allow employees to schedule their leave in coordination with their supervisors based on their personal needs.

King also suggests adding the policy to your employee handbook and conducting an annual review to ensure it remains up-to-date. This prevents claims of discrimination and ensures the policy is applied fairly across the organization.

How to Support a Grieving Employee

In addition to having a clear bereavement leave policy, there are several ways to support a grieving employee when they return to work. Cassel shares the following tips for business owners:

• Educate your staff about the needs of a grieving employee, ensuring they understand the sensitivity of the situation.
• Allow close colleagues to attend funeral or memorial services, if appropriate.
• Offer a flexible work schedule to help the employee balance personal and professional needs.
• Identify employees who can temporarily assist with the grieving employee’s workload.
• Connect the grieving employee with a company mentor who can provide emotional support, especially if they’ve experienced a similar loss.
• Continue to pay the employee’s salary during their leave and any approved flextime.
• Refrain from contacting the employee regarding work matters during sensitive times, such as a funeral or wake.
• Send a thoughtful gesture (e.g., flowers, a donation, or food), and offer additional assistance, like grocery shopping or errands.
• Leverage your HR team, employee assistance program (EAP), or local support services to provide additional help.

Conclusion

A thoughtful and compassionate bereavement leave policy shows employees that their well-being is a priority. By providing time for grieving and managing personal matters, you’re fostering a supportive work environment that acknowledges the personal challenges employees may face. Be sure to stay informed on relevant state laws and tailor your bereavement leave policy to meet the specific needs of your organization.

FAQ: Bereavement Leave

1. What is bereavement leave?

Bereavement leave, also known as compassionate leave, is time off provided to employees after the death of a family member, close friend, or loved one. This leave allows employees to grieve, make funeral arrangements, and attend memorial services. Bereavement leave can be paid or unpaid, depending on the company’s policy.

2. Is bereavement leave mandatory?

No, bereavement leave is not mandatory under federal law in the United States. However, some state laws require employers to offer bereavement leave. For example, Oregon mandates bereavement leave under the Oregon Family Leave Act (OFLA). Employers should check local laws to determine their obligations.

3. Who qualifies for bereavement leave?

Eligibility for bereavement leave is usually determined by the company’s policy. Some employers restrict leave to full-time employees or only in cases where the deceased was an immediate family member (such as a spouse, parent, or child). Others may offer leave for the death of extended family members, close friends, or even non-family loved ones. A clear bereavement leave policy should define who qualifies for leave.

4. How long is bereavement leave typically?

The average bereavement leave policy grants 3 to 4 days of leave for the death of an immediate family member. For the death of extended family members or close friends, the leave might be shorter—typically 1 to 2 days. Some employers allow additional leave by letting employees use vacation days, sick leave, or unpaid leave if needed.

5. Is bereavement leave paid or unpaid?

This depends on the employer’s policy. Some companies offer paid bereavement leave, while others may provide unpaid leave. Employers should clearly specify whether the bereavement leave is paid or unpaid in their policy. Offering paid leave can help employees focus on grieving without financial stress.

6. Can an employee take additional time off beyond bereavement leave?

Yes, many companies allow employees to take additional time off by using vacation days, personal days, or unpaid leave after their allotted bereavement leave. Employees can discuss the possibility of extended time off with their supervisors, especially if they need to travel or handle legal matters.

7. What documentation is required for bereavement leave?

Documentation requirements are up to the employer’s discretion. Some companies may request an obituary, funeral notice, or a written request that includes details such as the deceased person’s name, date of death, relationship to the employee, and location of the service. Employers should be compassionate when requesting proof and allow employees to provide it after returning to work.

8. Can part-time employees or contractors take bereavement leave?

It depends on the company’s policy. Some businesses extend bereavement leave to part-time employees or contractors, while others may limit it to full-time staff. A clear policy should specify whether part-time workers or contractors are eligible for leave.

9. How does bereavement leave interact with other types of leave (e.g., FMLA, vacation, sick leave)?

In most cases, bereavement leave is separate from other types of leave, such as the Family and Medical Leave Act (FMLA), vacation days, or sick leave. However, employees may use vacation or sick days if they need additional time off after bereavement leave. Employers should clearly explain how bereavement leave fits into their overall leave policies.

10. Can bereavement leave be taken non-consecutively?

Some companies allow bereavement leave to be taken non-consecutively, meaning employees don’t have to use all their days at once. This provides flexibility for employees who may need time off for initial arrangements and more time later for memorial services or legal matters. The policy should clearly state whether the leave must be taken consecutively or if it can be spread over a specific period.

11. Can bereavement leave be taken for non-family members?

Yes, some employers offer bereavement leave for the loss of close friends, colleagues, or other significant relationships outside the immediate family. It’s important for companies to clarify their policy on which relationships qualify for leave, ensuring that it aligns with the values of inclusivity and support.

12. What should a bereavement leave policy include?

A comprehensive bereavement leave policy should cover the following:

• Who qualifies for bereavement leave (immediate family, extended family, friends).
• How many days of leave an employee can take.
• Whether the leave is paid or unpaid.
• Documentation requirements (if any).
• Guidelines for requesting leave.
• Flexibility in scheduling the leave days.
• Policy for part-time and contract employees.

13. How can a business track bereavement leave?

Bereavement leave can be tracked using the company’s payroll system or HR software. The system should be set up to record the type of leave (paid/unpaid), the number of days taken, and any accrued or unused leave. A well-implemented tracking system helps ensure that the policy is applied fairly and consistently.

14. How can employers support grieving employees when they return to work?

In addition to providing bereavement leave, employers can support grieving employees by:

• Offering flexible work schedules.
• Encouraging coworkers to attend services (if appropriate).
• Temporarily adjusting the employee’s workload.
• Providing access to Employee Assistance Programs (EAPs) for counseling and support.
• Continuing salary payments during leave and flextime.
• Reaching out with gestures of support (e.g., flowers, food, donations).