What is bereavement leave?

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. Bereavement leave law varies by state and employer size, so confirm your state's current rule on its own labor department site before you plan around it.

What is bereavement leave?

Bereavement leave, sometimes called grievance leave, funeral leave or compassionate leave, is time off work an employer gives after the death of a family member or close person. It covers attending the funeral (see funeral planning checklist), traveling, grieving and handling the practical tasks a death creates, many covered in what to do when someone dies. There is no single legal definition, so what counts as bereavement leave, how long it lasts and whether it is paid depends on your employer's own policy, unless your state sets a minimum¹.

Is bereavement leave the same as a "leave bereavement" or "leave of absence for death"?

Yes. "Leave bereavement," "bereavement time off" and "funeral leave" describe the same thing: time away from work tied to a death. Some employers fold it 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 sets minimum wage and overtime rules but "does not require payment for time not worked, including attending a funeral," treating this kind of benefit as "a matter of agreement between an employer and an employee"¹. The Family and Medical Leave Act (FMLA) also does not list the death of a family member as a qualifying reason on its own; its covered reasons are a birth or adoption, an employee's own serious health condition, caring for a family member with a serious health condition, and certain military family needs². An employee cannot take FMLA leave solely because a relative died, though FMLA leave already in progress to care for a dying family member can continue.

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

Which states require bereavement leave?

Six states have a bereavement leave law on the books: California, Illinois, Maryland, Oregon, Vermont and Washington. Each sets a different employer size, day count, family list and pay rule, so check the state 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: child, stepchild, spouse, domestic partner, sibling, parent, in-laws, grandchild, grandparent, stepparent, plus pregnancy loss, failed adoption or surrogacy, and fertility-affecting diagnoses⁵.
• Oregon: the usual close relatives plus "any individual... whose close association... is the equivalent of a family relationship"⁶.
• Vermont: child, parent, grandparent, grandchild, sibling, spouse, civil union or domestic partner, including step, foster, adoptive and loco parentis ties⁸.
• Maryland: only a child, spouse or parent⁷.

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 employees⁴. An employee who has worked there at least 30 days before the leave starts can take up to 5 days of bereavement leave 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 5 must be used within 3 months of the death⁴. The leave is unpaid, though the employee can choose to apply accrued paid sick leave, vacation or other paid time off⁴. An employer may ask for 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 starting⁴. Employers cannot retaliate against an employee for taking this leave⁴.

What is bereavement leave for federal employees?

Federal employees have no separate bereavement leave category, but can use up to 104 hours (13 days) of their own accrued sick leave per year for family care and bereavement, covering funeral arrangements and attendance for a spouse, parent, parent-in-law, child, sibling, grandparent, grandchild, step-relative, foster relative or domestic partner³. For absences longer than 3 days, an agency may require a medical certificate or other acceptable evidence; self-certification usually covers shorter absences³. Separately, federal law enforcement officers and firefighters may get excused absence for a fellow officer's or firefighter's line-of-duty funeral, and veterans may get up to 4 hours of excused absence to serve as a pallbearer, firing squad member or honor guard at a military funeral³.

How many days of bereavement leave do most employers offer?

Where no state law applies, the number is up to the employer. SHRM notes "many companies offer three to seven paid workdays," often fewer for distant relatives and more for an immediate family member such as a spouse or child¹¹. Check your handbook for the exact policy, since there is no legal floor unless your state sets one.

Step-by-step: how to request bereavement leave

1. Check your employee handbook or HR portal for the bereavement policy: days offered and which relatives qualify.
2. Tell your manager or HR as soon as reasonably possible, and confirm whether written notice is required.
3. Ask whether the leave is paid, and if not, whether accrued PTO, sick leave or vacation can cover it.
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 state laws set a window, such as 3 months in California⁴ or 60 days in Oregon⁶.
6. Keep a copy of your request and the employer's response in case a dispute comes up later.
7. If your state has a bereavement leave law and your employer denies leave you qualify for, contact your state labor department's leave rights division.

What to record in a family guide

A family often has to work out these details in the days right after a death, the worst possible time to be searching for HR contacts or reading a handbook for the first time. It helps to record this ahead of time:

• Employer name, HR contact and where the handbook or bereavement policy is kept
• Whether the employer offers paid bereavement leave and how many days
• Whether the person is a federal, state or private-sector employee, 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. It is the kind of information a family guide, such as the one Omliva helps families build, keeps in one place, so a spouse or adult child is not calling HR from a hospital parking lot trying to remember a login. See /your-guide/ for how a guide like this is put together.

Common mistakes

• Assuming a national standard exists. There is no federal bereavement leave 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 do not require pay unless accrued paid leave is used.
• Missing the usage window. California gives 3 months⁴, Oregon 60 days⁶ and Vermont 1 year⁸; missing the deadline can mean losing unused days.
• Assuming a stepparent, in-law or domestic partner automatically counts. Covered relationships differ by state and employer policy.
• Not asking about documentation early. Employers and state laws can require proof of the death; sorting this out early avoids delay in approval.
• Treating FMLA as bereavement leave. FMLA protects leave for a family member's serious health condition, not time off after the death itself.

When to get professional help

If your employer denies bereavement 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 complaints under their laws. An employment attorney can help if a denial is disputed, or if you are unsure whether your job is covered based on employer size or hours worked.