Bereavement leave: what it is, how much you get, and how to use it

This guide is general information, not legal advice

This page explains how bereavement leave usually works in the United States. It is general information, not legal, tax, financial or medical advice. Rules vary by state, employer size and company policy, so confirm the current rule on your state's labor department site, or your own employee handbook, before you plan around it.

What is bereavement leave?

Bereavement leave, also called funeral leave, compassionate leave or leave bereavement in casual search, is time off work an employer allows after the death of a family member or another close person. It covers attending the funeral, traveling, grieving and handling the tasks a death creates, such as those in what to do when someone dies. There is no single federal definition. What counts, how long it runs and whether it is paid comes down to your employer's policy, unless your state sets a floor¹.

What is a bereavement leave policy?

The written rule an employer adopts, or a state law requires, spelling out how many days are available after a death, which relationships qualify, whether the days are paid, and what proof the employer can request. Some employers fold this into a broader "personal leave" or PTO bank instead of naming it separately, so check your handbook for the actual policy name.

Is bereavement leave required by law?

Not by federal law. The Fair Labor Standards Act treats time off for a funeral as "a matter of agreement between an employer and an employee" rather than something it mandates or pays for¹. The Family and Medical Leave Act does not list a family member's death as a qualifying reason either; its covered reasons are the birth or placement of a child, an employee's own serious health condition, caring for a family member's serious health condition, and certain military-family needs². FMLA leave already underway to help care for a dying family member can continue, but a death by itself does not open a new FMLA claim.

Because there is no federal mandate, most US workers get bereavement leave only because their employer chooses to offer it, or because they work in one of the six states below.

Which states require bereavement leave?

Six states have passed a bereavement leave law: California, Illinois, Maryland, Oregon, Vermont and Washington. Each sets its own employer size, day count, family list and pay rule, so check the one that applies to your job.

Which family members does each state cover?

Covered relationships differ by state:

• California: spouse, child, parent, sibling, grandparent, grandchild, domestic partner, parent-in-law⁴.
• Illinois: the usual close relatives and in-laws, plus pregnancy loss, a failed adoption or surrogacy, and certain fertility diagnoses⁵.
• Oregon: spouses, children, parents, siblings, grandparents, grandchildren, plus anyone whose "close association... is the equivalent of a family relationship"⁶.
• Maryland: only a child, spouse or parent⁷.
• Vermont: child, parent, grandparent, grandchild, sibling, spouse, civil union or domestic partner, including step, foster and adoptive ties; also covers time to help settle a family member's estate⁸.

Washington is the exception worth reading carefully. Its own PFML help center states plainly, "bereavement leave is not covered by Paid Family and Medical Leave"⁹. The one exception is 7 days of family leave for the loss of a child, only for a parent who already qualified for pregnancy or bonding leave tied to that child's birth, foster placement or adoption, and only for deaths on or after June 9, 2022¹⁰. Separately, Washington state government employees get 5 paid days under civil-service rules, a benefit private-sector workers do not share (WAC 357-31-250, checked 2026-09-20).

What is bereavement leave in California? (state of CA bereavement leave)

California's law, AB 1949, took effect January 1, 2023, and applies to private and public employers with 5 or more employees. An employee employed at least 30 days before the leave starts can take up to 5 days for the death of a spouse, child, parent, sibling, grandparent, grandchild, domestic partner or parent-in-law⁴. The days do not need to run consecutively, but all must be used within 3 months of the death. Pay depends on the employer's existing policy: with no prior bereavement policy, the leave can be unpaid, though the employee may use accrued paid sick leave, vacation or other PTO instead; where a policy already pays for some days, those stay paid and only the remainder is unpaid unless covered by accrued leave. An employer may request documentation, such as a death certificate, a published obituary, or written verification from a funeral home, religious institution or government agency, generally within 30 days of the leave starting, and must keep it confidential. Employers cannot retaliate against an employee for requesting or taking this leave⁴.

How many days do most employers offer where no state law applies?

Where no state law sets a floor, the number of days is up to the employer. SHRM notes that "many companies offer three to seven paid workdays," often with fewer days for a distant relative and more for a spouse or child¹². Check your own handbook, since there is no legal minimum unless you live in one of the six states above.

Step-by-step: how to request and use bereavement leave

1. Check your handbook or HR portal for the policy: how many days, and which relationships qualify.
2. Tell your manager or HR as soon as reasonably possible, and ask if written notice or a specific form is required.
3. Ask whether the days are paid, and if not, whether accrued PTO, sick leave or vacation can cover them.
4. Ask what documentation is needed, such as an obituary, death certificate or funeral home letter, and by when.
5. Confirm the deadline for using the leave; some states set a fixed window, such as 3 months in California or 60 days in Oregon⁴,⁶.
6. Keep a copy of your request and your employer's response, in case a dispute comes up later.
7. If your state law entitles you to leave and your employer denies it, contact your state labor department's leave rights division.

What to record in a family guide before you need this

The best time to learn your bereavement leave policy is before a death happens, not while arranging a funeral. A little research now saves a family member a call to HR from a hospital parking lot. Record:

• Employer name, HR contact, and where the handbook or written policy is kept
• Whether paid bereavement leave is offered, how many days, and which relationships qualify
• Whether the job is federal, state government or private sector, since the rules differ
• Any union contract that might set its own bereavement terms
• Where paystubs and accrued PTO or sick leave balances can be checked online

This pairs well with a broader what my family needs to know list, and the deeper state-by-state breakdown in what is bereavement leave. It is the kind of information a family guide, such as the one Omliva helps families build, keeps in one place. See /your-guide/ for how a guide like this comes together.

Common mistakes people make with bereavement leave

• Assuming a national standard exists. There is no federal law; every number here comes from a specific state or employer policy.
• Confusing "unpaid but protected" with "paid." Several state laws, including California's, guarantee time off but not pay, unless accrued leave is used.
• Missing the usage window. California gives 3 months, Oregon 60 days and Vermont 1 year; missing it can mean losing the unused days.
• Assuming a stepparent, in-law or domestic partner automatically counts. Covered relationships differ by state and employer policy.
• Treating FMLA as bereavement leave. FMLA protects leave for a family member's serious health condition, not time off after the death itself.
• Assuming Washington has a general bereavement leave law. Its PFML program covers only the loss of a child, under narrow conditions⁹.
• Not asking about documentation early, since employers can require proof of death.

When to get professional help

If your employer denies leave your state requires, or retaliates against you for taking it, contact your state's labor department leave rights division; California's Civil Rights Department, Illinois's Department of Labor and Oregon's Bureau of Labor and Industries all handle such complaints. An employment attorney can help if a denial is disputed, or your coverage is unclear.