What are the rules around bereavement leave?
Asked by: Colt Dibbert | Last update: May 15, 2026Score: 4.6/5 (56 votes)
Bereavement leave rules vary significantly by location and employer, as no federal law mandates it for private companies, but some states (like CA, OR, IL) have laws for certain family members, often offering unpaid time off, with many employers providing 3-5 days paid leave for close relatives as a standard benefit, requiring documentation like death certificates. Rules cover who qualifies as family (spouse, parent, child, etc.), length of leave, pay status, and documentation needed, so check your state laws and company policy.
Does bereavement have to be immediate family?
Bereavement leave is any time off — paid or unpaid — an employee is given by his or her employer in the wake of a death. This type of leave is most often granted for the passing of someone in your immediate family but may also apply to the loss of other relatives, close friends, or coworkers.
What is the law around bereavement leave?
There's no federal U.S. law mandating bereavement leave, so it's up to states and employers, but many states (like California, Illinois, Oregon) do require some form, often unpaid, for specific family members, covering things like funerals, arrangements, or grieving, with paid leave often available via company policy or union contracts; requirements vary, so checking local and employer policies is key.
How many days can you take off work for a family death?
When a family member dies, you typically get 3 to 5 days off for immediate family, but the exact amount varies by employer policy, with some offering more for close relatives and less for extended family, often using sick/vacation days or unpaid time for additional time, as there's no federal US law mandating paid leave, though some states have laws. Check your company's handbook for specifics on covered relationships (spouse, parent, child, sibling, etc.) and paid vs. unpaid leave.
What is a typical bereavement policy?
A typical bereavement policy example might allocate five days off for the loss of an immediate family member with three of those days paid. The employee would have the option of taking the full leave with some unpaid time off or limiting their time off to the days paid.
GRIEF AT WORK: HOW TO DEAL WITH A GRIEVING EMPLOYEE - CAREER ADVICE
What can I use my bereavement days for?
Sick Leave for Bereavement
An employee is entitled to use a total of up to 104 hours (13 days) of sick leave each leave year for family care and bereavement, which include making arrangements required by the death of a family member and attending the funeral of a family member.
Does bereavement usually cover aunts and uncles?
Yes, aunts and uncles are often covered under bereavement leave, but it depends entirely on your employer's specific policy, as definitions of "family" vary, with some policies offering shorter, unpaid, or single-day leave for them compared to immediate family like parents or children. Some state laws (like California's) also cover broader definitions, while others (like Illinois's FBLA) focus on stricter definitions, so checking your company handbook or HR is essential.
How many days do you get off work when a parent dies?
How long can I have off work after a bereavement? There is no set legal amount of time off work you are entitled to after someone has died. It is common for employers to give about three to five days, but all organisations have different policies and/or exercise their discretion differently.
Who is not considered an immediate family?
People generally not considered immediate family include aunts, uncles, grandparents, cousins, nieces, nephews, and in-laws (unless specific policies include them like parents/siblings-in-law) because immediate family usually refers to the nuclear unit: spouse, children, and parents, sometimes extending to siblings, but often excluding those requiring more than one line on a family tree. Definitions vary by context, like legal or HR policies, but cousins, aunts, and uncles are almost always extended family.
What states require bereavement leave?
As of late 2025, five states mandate bereavement leave: California, Illinois, Maryland, Oregon, and Washington, though requirements vary significantly, with some states offering job protection and others specifying paid or unpaid time for family losses like a child's death or reproductive issues. Federal law doesn't require bereavement leave, making state and employer policies crucial.
Can your boss deny bereavement leave?
bereavement leave following the death of certain family members. Beginning January 1, 2023, private employers with five or more employees are required to grant an eligible employee's request for up to five days of bereavement leave from work following the death of the employee's family member.
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.
Can you take bereavement at any time?
Many California employees are entitled to up to five (5) days of bereavement leave per qualifying death, to be taken within a reasonable time. Employers may require the days to be used consecutively or within a set window under policy, but the total entitlement cannot be reduced.
Who is not included in the immediate family?
People generally not considered immediate family include aunts, uncles, grandparents, cousins, nieces, nephews, and in-laws (unless specific policies include them like parents/siblings-in-law) because immediate family usually refers to the nuclear unit: spouse, children, and parents, sometimes extending to siblings, but often excluding those requiring more than one line on a family tree. Definitions vary by context, like legal or HR policies, but cousins, aunts, and uncles are almost always extended family.
Does grandma in law count for bereavement?
1. California
Covers: Spouse, parent, child, sibling, grandparent, grandchild, partner, in-law, and miscarriage.
Are aunts and uncles immediate family?
No, aunts and uncles are typically considered extended family, not immediate family, though this can change based on context, culture, or close relationships, with immediate family usually meaning parents, siblings, spouse, and children. Legal and company policies often have specific definitions, but emotionally, someone very close to their aunt or uncle might count them as immediate family.
What is not considered a family?
Friends are not considered family members, as they are not related by blood, marriage, or adoption. While friends may form close bonds and provide emotional support, they are not considered part of the family.
How much time do people take off work when a parent dies?
After a death of a close relative or friend it is customary for the bereaved person to be allowed three days of compassionate leave from work. This is often not sufficient time for the funeral to be arranged or for the bereaved person to recover sufficiently emotionally.
Can you be fired for bereavement?
Grieving Is Human — Retaliation Is Illegal
If you were fired, demoted, or harassed after taking bereavement leave, you may be a victim of illegal retaliation under California law.
Should I go to work while grieving?
Time off from work is typically allowed. Managers and colleagues usually accept that the griever may not be at their best when they're at work. That sympathy and support may have limits and it may be withdrawn before the emotions of grief have run their full course, but it is usually openly offered while it lasts.
Who is legally considered immediate family?
For purposes of subdivision (d) of Labor Code Section 2066, "immediate family member" means spouse, domestic partner, cohabitant, child, stepchild, grandchild, parent, stepparent, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, great grandparent, brother, sister, half-brother, half-sister, ...
Who can make a claim for bereavement?
You may be able to get Bereavement Support Payment if the following applies to you: You must have been under 66 when your partner died. Your partner paid national insurance contributions or died because of an accident at work or a disease caused by their work, their national insurance contributions might not matter.
Does an aunt fall under bereavement leave?
The death of an extended family member, such as an aunt, uncle, niece, nephew, or cousin, can also qualify an employee for bereavement leave. Some companies even allow their employees time off to grieve the loss of a pet.
Do you use PTO for bereavement leave?
Bereavement leave policies vary, but often, paid time off (PTO) is used to supplement company-provided bereavement days or to cover leave if the company doesn't offer paid bereavement, especially for extended family or if more time is needed. While some employers offer paid leave for immediate family, many require using sick days, vacation, or personal days to get paid during bereavement, as federal law doesn't mandate paid leave for funerals, though state laws can.
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.