Quick answer
- Bereavement leave is time off after the death of a family member, to grieve, arrange and attend a funeral, and handle the estate.
- No federal law requires it, paid or unpaid. California, Oregon, Illinois and Vermont require job-protected leave for eligible employees; Maryland, Colorado and Minnesota let employees use paid leave for it.
- Most state-required leave is unpaid, but employees can usually use their PTO or sick time so they still get a paycheck.
Bereavement leave is time away from work after a death in the family. Some employers call it funeral leave. It gives an employee time to grieve, make arrangements, travel, attend a service and deal with the paperwork that follows a death. This guide is written for both sides: employees who need to know what they can ask for, and owners and managers who want to handle a hard moment well and stay within the law. The rules below are current as of November 4, 2026.
What is bereavement leave?
Bereavement leave is a period of excused absence, usually a few days, that an employee can take when a close relative dies. In most US workplaces it is an employer benefit written into the handbook, not a legal requirement. A typical policy covers three things:
- How much time. Many employers give 3 days for a close relative and 1 day for an extended relative, and some give 5 days or more for a spouse or child. A few states now set a minimum.
- Whose death qualifies. Usually a spouse or partner, child, parent, sibling, grandparent and grandchild, and often in-laws and step-relatives.
- Whether it is paid. Some employers pay their regular wage for the days; others treat it as unpaid time that the employee can cover with PTO.
Bereavement time is different from general PTO because it does not come out of the employee’s vacation balance when the employer offers it as a separate benefit. That distinction matters: a worker who loses a parent in February should not have to give up a summer vacation to attend the funeral. Our guide to paid time off explains how PTO banks and separate leave types work together.
Is bereavement leave required by federal law?
No. The U.S. Department of Labor states that the Fair Labor Standards Act (FLSA) does not require payment for time not worked, such as attending a funeral. Funeral leave is a matter of agreement between an employer and the employee or their union. The same is true of vacation, sick days and holidays, which we cover in our holiday pay rules guide.
The Family and Medical Leave Act (FMLA) does not cover a death either. Its qualifying reasons are the birth or placement of a child, caring for a spouse, child or parent with a serious health condition, the employee’s own serious health condition, and certain military family needs. Grieving a death is not on that list. One related point: if grief leads to a serious health condition, such as depression that needs continuing treatment and keeps the employee from working, that condition can qualify for FMLA leave on its own terms. FMLA applies to private employers with 50 or more employees, and the employee must have worked 12 months and 1,250 hours. Our FMLA leave guide covers eligibility in detail.
Federal employees have their own rules, and union contracts often include funeral leave. For most private employers, though, the real requirements come from state law and the company’s own policy.
State bereavement leave laws in 2026
Only a handful of states require employers to give time off after a death. A few more let employees use paid sick leave or other earned paid leave for it. Here is where things stand on November 4, 2026, based on the state agencies and statutes named below.
| State | Who must comply | How much time | Paid? |
|---|---|---|---|
| California | Employers with 5+ employees; employee employed 30+ days | Up to 5 days per family member’s death, within 3 months | Unpaid, but employee may use vacation, sick or other paid leave |
| Oregon (OFLA) | Employers with 25+ employees; employee averaged 25 hours a week over 180 days | Up to 2 weeks per family member, 4 weeks a leave year, within 60 days | Unpaid unless paid leave is used |
| Illinois (FBLA) | Employers covered by FMLA; employee with 12 months and 1,250 hours | Up to 10 workdays per event, 6 weeks in 12 months, within 60 days | Unpaid; employee may substitute paid leave |
| Vermont | Employers covered by the Parental and Family Leave Act | Up to 2 weeks, including up to 5 consecutive days | Unpaid |
| Maryland | Employers with 15+ employees that offer paid leave | Use of earned paid leave after the death of a child, spouse or parent | Paid from the employee’s own earned leave |
| Colorado | Employers covered by the Healthy Families and Workplaces Act | Use of accrued paid sick leave | Paid sick leave |
| Minnesota | Employers covered by Earned Sick and Safe Time | Use of accrued sick and safe time | Paid sick time |
California. Under Government Code section 12945.7 (AB 1949, in effect since January 1, 2023), private employers with five or more employees, and public employers, must grant an eligible employee up to five days of leave after the death of a family member. The employee must have worked for the employer at least 30 days. The days do not have to be consecutive, but they must be used within three months of the death. The California Civil Rights Department, which enforces the law, gives this example: three days right after a parent’s death and two more days two months later. The five days apply to each death, so an employee who loses a parent and a grandparent in the same year can take two separate five-day periods. California also has a separate reproductive loss leave law (SB 848, Government Code section 12945.6, effective January 1, 2024) that gives up to five days after a miscarriage, stillbirth, failed adoption, failed surrogacy or unsuccessful assisted reproduction, capped at 20 days in a 12-month period. If you run a California business, our California overtime law guide covers the state’s other wage rules.
Oregon. The Oregon Family Leave Act (OFLA) applies to employers with at least 25 employees. According to the Oregon Bureau of Labor and Industries (BOLI), an eligible employee can take up to two weeks of leave for each family member who dies, up to four weeks in a leave year, and the leave must be taken within 60 days after the employee learns of the death. OFLA leave is unpaid, but employees can use vacation, sick time or other paid leave during it.
Illinois. The Family Bereavement Leave Act covers every employer that is covered by the federal FMLA. The Illinois Department of Labor says an eligible employee can take up to 10 workdays of unpaid leave per qualifying event, with a cap of six weeks in 12 months, completed within 60 days of learning of the event. It covers a family member’s death and also a miscarriage, stillbirth, unsuccessful reproductive procedure, failed adoption match, failed surrogacy agreement and a diagnosis that negatively affects pregnancy or fertility. Employees should give 48 hours’ notice when that is reasonable and practicable. Separately, the Child Extended Bereavement Leave Act gives parents who lose a child to suicide or homicide up to 12 weeks of unpaid leave at employers with 250 or more employees, and up to 6 weeks at employers with 50 to 249.
Vermont. Amendments to the Parental and Family Leave Act took effect July 1, 2025. The State of Vermont says eligible employees can now take up to two weeks of their unpaid family leave for bereavement, including up to five consecutive days. Employer size and employee hours tests apply, so check with the Vermont Department of Labor.
Maryland. The Flexible Leave Act (Labor and Employment section 3-802) applies to employers with 15 or more employees that offer paid leave. It lets employees use paid leave they have already earned, such as sick leave, vacation or PTO, for bereavement after the death of a child, spouse or parent. It does not create extra days. A 2026 bill to widen the list of qualifying relationships passed the Maryland House; check the General Assembly’s site for its final status.
Colorado and Minnesota. Both states allow paid sick leave to be used after a death. The Colorado Department of Labor and Employment lists grieving, attending funeral services or a memorial, and handling financial or legal matters after a family member’s death among the allowed uses under the Healthy Families and Workplaces Act. The Minnesota Department of Labor and Industry lists making funeral arrangements, attending a funeral or memorial, and handling financial or legal matters after a family member’s death as allowed uses of earned sick and safe time. In both states employees earn 1 hour for every 30 hours worked, up to 48 hours a year.
Washington and New York. Neither state requires private employers to provide time off after a death as of this writing. Washington’s Department of Labor and Industries does not list bereavement among the uses of state paid sick leave. In New York, bills that would let employees use paid sick leave for bereavement (A9158 and S8892, with a proposed January 1, 2027 start) were pending, not law. Some cities have their own rules, so check locally too.
Who counts as immediate family for bereavement?
There is no single federal definition. Your state law, if you have one, sets the floor, and your employer’s policy can go further. These are the lists in the main state laws:
- California: spouse, child, parent, sibling, grandparent, grandchild, domestic partner and parent-in-law.
- Oregon: spouse or domestic partner, child, parent, sibling or stepsibling, grandparent and grandchild, plus the spouse or partner of each, and anyone related by blood or affinity whose close association is equivalent to a family relationship.
- Illinois: child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent and stepparent. Aunts, uncles, nieces and cousins are not covered.
- Minnesota sick time: a broad list that includes aunts, uncles, nieces, nephews, in-laws, anyone whose close association is like family, and one person a year that the employee designates.
For a company policy, a common approach is two tiers: a longer period for a spouse, partner, child or parent, and a shorter one for grandparents, siblings, in-laws and step-relatives. Whatever you choose, include foster, adopted and step relationships, and give managers room to approve time for someone who was family in every way but on paper.
Is bereavement leave paid?
Only if the employer chooses to pay it. No federal law requires pay, and the state laws in California, Oregon, Illinois and Vermont require the time off to be protected but not paid. What those laws do give employees is the right to cover the time with paid leave they already have. In California, for example, the Civil Rights Department says that if your employer does not offer paid bereavement days but you have sick leave, vacation, personal leave or other paid leave available, your employer must let you use it so you are paid during the leave.
Many employers pay for the time anyway, at the employee’s regular hourly rate for scheduled shifts. A few practical points for paying it correctly:
- Pay the scheduled hours. If an hourly employee was scheduled for three 8-hour shifts, three paid days at $19.00 an hour is 24 × $19.00 = $456.00.
- It does not count toward overtime. Paid time off is not hours worked under the FLSA, so it does not push anyone over 40 hours in a workweek.
- Salaried exempt employees have special rules about deductions from salary. Read our exempt vs non-exempt guide before docking pay for any absence.
How to ask for bereavement leave
You do not need a formal letter. A short call or text to your manager is enough at first, followed by a written note when you can. Say who died and your relationship, the days you expect to be out, and how to reach you if anything is urgent. You do not have to share details you are not comfortable with. If you are unsure how many days you will need, say so and give a best estimate.
If you work shifts, mention which shifts you will miss so your manager can find cover. A good shift scheduling system lets a manager see the open shifts and offer them to coworkers without calling you back.
What documentation can an employer ask for?
Employers may ask for reasonable proof, but timing and tact matter. The rules where they exist:
- California: if the employer asks, the employee must provide documentation, but not before the leave begins. The employee has 30 days from the first day of leave. A death certificate, published obituary, or written verification of the death, burial or memorial service from a mortuary, funeral home, burial society, crematorium, religious institution or government agency all count. The employer must keep it confidential.
- Illinois: employers may require reasonable documentation, such as a death certificate, published obituary, or written verification of death, burial or memorial services, but may not require the employee to say which category of loss the leave is for.
- Everywhere else: your own policy decides. If you ask for proof, ask everyone, accept simple forms like an obituary or funeral program, and give a reasonable deadline after the employee is back.
Store these records separately from the general personnel file and limit who can see them.
How to write a bereavement leave policy
A clear written policy saves a grieving employee from negotiating at the worst possible time, and saves managers from making it up case by case. Adapt this sample to your state and company. In California, Oregon, Illinois and Vermont, make sure the days, eligibility and deadlines are at least what the state requires.
Put the final version in your employee handbook and somewhere employees can find it without asking.
What employers should do
How a business responds to a death is remembered long after the paperwork is done. A few steps make it easier for everyone:
- Know your state’s floor. Check whether California, Oregon, Illinois, Vermont, Maryland, Colorado, Minnesota or a local law applies to each location, and set your policy at or above it.
- Write it down and apply it consistently. Uneven treatment between employees is a common source of complaints.
- Make the first conversation simple. Express condolences, confirm the days off, and handle details later. Do not ask for documentation on the day someone tells you.
- Cover the shifts. Move the employee’s scheduled shifts to open shifts, and do not ask the grieving employee to find their own replacement.
- Pay it correctly. Record the days as bereavement or PTO, not as an unexcused absence, and make sure they appear correctly on the next pay stub through payroll.
- Plan the return. A lighter first shift, flexibility for appointments, and a reminder about any employee assistance program help people get back on their feet.
- Never retaliate. In California and Maryland the law expressly bars discipline or other adverse action for requesting or using the leave.
Keep a dated record of every request and approval. If a question ever comes up, a clear time off history shows exactly what was requested, approved and paid.
Frequently asked questions
How many days of bereavement leave do you get?
It depends on your employer and your state. Many employer policies give 3 to 5 days for a close family member. California requires up to 5 days per death for eligible employees, Illinois up to 10 workdays per event at larger employers, and Oregon up to 2 weeks per family member at employers with 25 or more employees.
Is bereavement leave required by law?
Not under federal law. The U.S. Department of Labor says the FLSA does not require payment for time not worked, such as attending a funeral. A few states require job-protected leave, including California, Oregon, Illinois and Vermont, and others such as Colorado and Minnesota let employees use paid sick leave after a death.
Can my employer ask for a death certificate?
Usually yes, if the request is reasonable and applied consistently. In California the employer may ask for documentation, but the employee has 30 days from the first day of leave to provide it, and an obituary or a letter from a funeral home also counts. Employers must keep these records confidential.
Can I take bereavement leave for a friend or a pet?
State laws generally cover relatives and close family-like relationships, not friends or pets. Oregon includes people whose close association is equivalent to family, and Minnesota sick time covers one designated person a year. Otherwise it is up to your employer, so ask. Many will let you use PTO or unpaid personal time.
Does bereavement leave count toward overtime?
No. Under federal law, overtime is based on hours actually worked, so paid bereavement days do not count toward the 40 hours in a workweek. An employer can choose to count them by policy or union contract, because that pays more than the law requires.