Leave bereavement: how to take time off work after a death

This guide is general information, not legal advice

This page explains how leave for bereavement 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 labor department's site, or your handbook, before you plan a leave around it.

What does "leave bereavement" mean?

"Leave bereavement" is how many people phrase the search when they mean bereavement leave: paid or unpaid time off an employer grants after the death of a family member or another close person, to attend the funeral, travel, grieve or handle the tasks a death creates. Also called funeral leave or compassionate leave, it has 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, versus other kinds of leave?

Bereavement leave answers "my mother just died, I need days off," while FMLA answers "my mother is dying and I need to care for her." A death alone does not trigger FMLA: the DOL's Fact Sheet #28 lists a family member's serious health condition as the qualifying reason, not bereavement after a death².

How do you request bereavement leave?

Requesting bereavement leave is usually a short conversation or email to your manager or HR, followed by whatever documentation your employer's policy or state law asks for. Most workplaces do not require a formal form, but larger employers with a written policy may.

1. Notify your manager or HR as soon as you reasonably can, by phone, text or email.
2. State the relationship to the person who died and the dates you expect to be out; you do not have to share more.
3. Ask whether the leave is paid, how many days your policy or state allows, and whether documentation is needed.
4. If proof is required, keep a death certificate, obituary, or a letter from the funeral home; California allows this up to 30 days after your first day of leave⁴.
5. If you need more time than the leave covers, ask about accrued vacation, personal days or unpaid leave before your paid days run out.
6. Get the approval in writing, even a short email reply, so there is a record of what was agreed.

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. Everywhere else, bereavement leave is entirely up to your employer's policy.

Washington is the exception worth reading carefully: its Paid Family and Medical Leave help center states plainly that "bereavement leave is not covered by Paid Family and Medical Leave" for most deaths⁹. The one exception is 7 days for the loss of a child, only for a parent already qualified for pregnancy or bonding leave tied to that child's birth, foster placement or adoption¹⁰. State government employees separately get 5 paid days under civil-service rules (WAC 357-31-250, checked 2026-09-24).

Qualifying family members also differ by state: California covers spouse, child, parent, sibling, grandparent, grandchild, domestic partner and parent-in-law⁴; Oregon's list is similar but swaps sibling for a domestic partner's parent or child⁶; Illinois adds mother-in-law, father-in-law and stepparent⁵; Maryland is narrower, just child, spouse and parent⁷; Vermont is broadest, also covering time to settle a family member's estate⁸.

What is bereavement leave in CA, specifically?

Bereavement leave in California, what people also search as state of CA bereavement leave, comes from Assembly Bill 1949, effective January 1, 2023. Employers with 5 or more employees must give eligible workers, those employed at least 30 days, up to 5 days off for the death of a qualifying family member⁴.

How does bereavement leave in CA work day to day?

• The days do not need to be taken consecutively, and generally must be completed within 3 months of the death.
• The leave is unpaid unless the employer's own policy pays it, or the employee chooses to use accrued vacation, personal leave or paid sick leave⁴.
• Employers may ask for documentation, such as a death certificate, obituary, or written verification from a mortuary, funeral home or religious institution, but the employee has up to 30 days from the first day of leave to provide it, and the employer must keep it confidential⁴.
• Retaliation against an employee for taking this leave is prohibited⁴.

How much bereavement leave is typical when there is no state law?

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 fewer for a distant relative and more for a spouse or child¹². Check your handbook, since there is no legal minimum outside California, Illinois, Oregon, Maryland and Vermont.

What should you record in a family guide about bereavement leave?

Bereavement leave moves fastest when the paperwork is already written down, not something a grieving family member has to hunt for while also making funeral arrangements.

• The employer's bereavement leave policy or handbook section, or where to find it
• HR or manager contact information and the best way to reach them
• Whether the employer historically required documentation, and what kind
• Any union contract terms that mention bereavement leave
• Paid time off, sick leave and vacation balances, since these can extend an unpaid state-law leave
• The state you work in, since the leave amount and window differ so much by state

This is the kind of information a family guide keeps in one place. For the fuller picture of what a family needs after a death, see what to do when someone dies and the executor checklist.

What mistakes do people make with bereavement leave?

• Assuming a national rule exists. There is no federal bereavement leave law; only six states have one, and each is different.
• Not asking about documentation timing. In California, a death certificate is not due before leave starts, only within 30 days after⁴.
• Missing the usage window. California gives 3 months, Oregon and Illinois give 60 days, and Vermont gives 1 year; missing it can mean losing the unused days.
• Confusing bereavement leave with FMLA, which covers caring for someone with a serious health condition, not grieving a death.
• Assuming Washington has a general bereavement leave law; its Paid Family and Medical Leave program covers only the loss of a child, under narrow conditions⁹.
• Not checking whether travel is covered. Bereavement leave is time off, not a travel benefit; some airlines separately offer discounted bereavement fares.

When to get professional help

Most bereavement leave requests are handled directly with HR and do not need a lawyer. Talk to an employment attorney or your state labor department if your employer denies leave you believe the law requires, retaliates against you for taking it, or refuses to let you use accrued paid leave where the law allows it. State labor department self-help pages, linked in the Sources below, are free and answer most day-to-day questions.