Is there a bereavement leave policy in the US?
Asked by: Molly Lakin I | Last update: June 16, 2026Score: 4.6/5 (19 votes)
No federal law mandates bereavement leave in the U.S., leaving it to states or individual employers, but several states (like Oregon, Illinois, California, Washington) have their own laws, often requiring unpaid leave for specific family deaths, while many companies offer paid leave as a benefit, typically 3-5 days. Federal employees have specific funeral leave provisions, and the FMLA may apply in some specific child-related cases, but it's generally up to policy or contract.
Is there a federal bereavement leave policy?
Federal law does not require employers to provide paid bereavement leave. Whether leave is paid or unpaid depends on the employer's policy. Many employers choose to offer paid bereavement leave as part of their benefits package to promote employee well-being and morale.
Which states mandate bereavement leave?
Some states (like California and Illinois) require employers to provide bereavement leave. Most employers who offer bereavement leave institute policies that dictate the length, compensation, and similar terms for this type of PTO.
What are the rules around bereavement leave?
Currently, only employees who experience the death of a child have a legal entitlement to time off from work for bereavement. The Government is looking to introduce a legal right to unpaid bereavement leave for employees who experience the loss of a loved one, including pregnancy loss before 24 weeks.
Are aunts and uncles included in bereavement?
Your employer will classify which family members qualify as immediate family in its bereavement leave policy. At a minimum, immediate family includes parents, siblings, spouse, and children. However, some companies may expand their definition to include grandparents, in-laws, aunts, uncles, and others.
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Who is considered immediate family for bereavement leave in the federal government?
Immediate relative covers a wide range of relationships, including spouse; parents; parents-in-law; children; brothers; sisters; grandparents; grandchildren; step parents; step children; foster parents; foster children; guardianship relationships; same sex and opposite sex domestic partners; and spouses or domestic ...
Can I take bereavement leave for a friend?
Bereavement leave is special paid leave that can be for used for a range of situations including: the death of an immediate family member or a close friend. a miscarriage or stillbirth.
What are the rules around bereavement?
Although covered employers are required to grant up to five days of bereavement leave, the law does not require that employers pay you for this leave time. However, many employers have paid bereavement leave policies, so be sure to check with your employer about any existing policy that they may have in place.
How long is appropriate for bereavement leave?
For example, average bereavement leave for the following categories tends to trend as follows: Leave offered for the death of a spouse: three to five days. Leave offered for the death of a child, parent or sibling: three to five days. Leave offered for the death of extended relatives: one day.
How do jobs verify bereavement?
A: Employers have the right to ask for documentation from their employees, and this documentation can include an obituary, death certificate, or written verification from a funeral home.
Should I take full bereavement leave?
Bereavement leave can be tailored to you and your needs. You can choose to take all of it, none of it, just a few days, or even figure out how to take more than was offered. It is up to you and your grief, with some input from your company policies and help from your manager or boss.
Can you spread out bereavement days?
Under AB 1949, employees are entitled to up to five days of bereavement leave for each family member's death. Employers can choose whether the leave must be taken consecutively or spread out over time, but they must allow the employee to use all five days within three months (90 days) of the loved one's death.
Can you get bereavement leave for a friend?
In cases where the deceased isn't a dependent or immediate family member, specific rights may not apply. However, your employer has the discretion to grant leave, so it's advisable to discuss the situation with them. Remember, the loss of a close friend or chosen family member can also be grounds for bereavement leave.
How many times can you take bereavement leave?
You can take bereavement leave as many times as you need. There is not a minimum or maximum number of bereavement leave days available. The only limit is on how many days of leave you can take at a time.