Bereavement leave, also known as bereaved leave, allows employees to take time off after the loss of a family member, whether immediate or extended family. At some companies, it may also apply to a loss of pregnancy, friends or pets.
It is recommended that employers use an inclusive definition of family members. In addition to biological family members, an inclusive definition includes domestic partners, blended families, adopted or foster families, close friends, and significant others in a committed relationship. The U.S. Office of Personnel Management (OPM) includes in their definition, “any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.”
Bereavement Leave Versus Compassionate Leave and Funeral Leave
Compassionate leave refers to employees needing time off for any personal or family emergency. Compassionate leave covers situations such as experiencing a traumatic event or caring for a seriously ill family member. It is a broader category that also includes bereavement leave.
Funeral leave, a subset of bereavement leave, provides a brief time off to attend a funeral, while bereavement leave allows for a longer absence to grieve. Employees can take time off without having to worry about losing their jobs. Employers can demonstrate empathy in these stressful situations by being flexible, granting time off and making other accommodations.
Paid or Unpaid Bereavement Leave
Deciding whether bereavement leave will be paid or unpaid is at the discretion of the employer, except in states or localities that mandate that it should be paid. Some companies may offer paid leave for a set number of days, such as three, and then permit employees to take unpaid leave or use PTO for additional time off.
Federal and State Laws
The Family and Medical Leave Act (FMLA) allows you to request unpaid leave to care for a loved one for medical purposes. However, it does not apply to bereavement leave, except for funeral leave for employees with immediate family members in the U.S. Armed Forces who die in a combat zone.
The Fair Labor Standards Act (FLSA) does not require bereavement leave. With no federal law and many states not requiring bereavement leave, employers have vast discretion and flexibility in creating their policies. Currently, there are only five states with bereavement laws.
California: Eligible employees receive up to five days per year of bereavement leave that is not required to be paid unless the company policy states otherwise.
Illinois: Employers covered by the FMLA are required to provide up to 10 days per year of bereavement leave that is unpaid unless the company policy states otherwise.
Maryland: Employers with 15 or more employees are required to allow the use of paid accrued leave for bereavement.
Oregon: Eligible employees can receive up to two weeks of bereavement leave for any family member, including distant relatives. It is unpaid unless the company policy states otherwise.
Washington: All employers must provide up to three days for paid general bereavement leave, plus seven additional paid days for the loss of a child.
How Long Is Bereavement Leave?
The length of bereavement leave varies, ranging from three days to several weeks. It may differ depending on the closeness of the relationship, with longer time given for grieving immediate family members. Most companies typically offer three to five days. Employees can request additional time off to be paid using their other accrued leave, such as sick or vacation days. Some major companies, including Google and Adobe, offer 20 days for the death of an immediate family member, while others offer two weeks.
Why Offer Bereavement Leave
A healthy workplace culture prioritizes employee well-being. Employees need ongoing emotional support to deal with everyday stressors. The loss of a loved one is a profound stressor that requires even more support. Grief affects the entire body, making it difficult to function.
Employees need ample time to grieve. If they return to work too soon, performance, motivation, productivity and mental health can suffer. Grieving employees may be distracted and more prone to making errors.
According to Bereave, “51% of people that suffer a close loss leave their job in 12 months.” When grieving employees return to work, they need continuous support and options for seeking therapy. By effectively supporting employees throughout the grief process, retention rates and employee well-being may improve.
How To Create a Bereavement Leave Policy
A comprehensive bereavement leave policy provides clear guidance for employees navigating the loss of a loved one and ensures managers know how to properly handle leave requests. Including the policy in the employee handbook allows for clear expectations in advance and less stress when dealing with emergency requests. Specify the following details when developing the guidelines and procedures for a workplace bereavement leave policy.
Purpose: Explain why you are offering this benefit and how it will support employees.
Eligibility: Determine how long employees need to be with the company and how many hours they need to work to be eligible. Will this benefit also apply to part-time employees and new hires?
Duration: How many days will be included in the leave? What are the procedures when additional days are needed? Will longer leave be granted for the loss of immediate family members versus extended family members? Consider religious and cultural factors in mourning. Allow flexibility to use some of the bereavement days later in the year. Employees appointed as executors will need extra time to manage the many lengthy tasks related to probate and estates that result from the death.
Compensation: Decide if bereavement leave will be paid or unpaid. If unpaid, specify how employees can use other accrued leave to be paid for it.
Define family members: Clearly define family members and other loved ones using inclusive language.
How to request and approve bereavement leave: Specify the procedures for employees to request the leave. Should the request be made to the manager, human resources or both, and who will approve it? Ensure the procedures are simple ones that employees can easily follow remotely in an emergency.
Will proof be required: Decide if you will require proof of loss from a death certificate, obituary or funeral notice to approve the leave. Asking for proof may be insensitive and not practical in an emergency, so allow flexibility to provide the proof when returning.
Returning to Work: Identify the procedures for employees returning to work and how the workplace will support them emotionally. Specify how to change the scheduled date to return to work.
It can be helpful to use a workplace bereavement leave policy template.This template from Lattice appears comprehensive and easy to customize.
What To Do When the Company Does Not Offer Bereavement Leave
If your company does not offer bereavement leave and you live in a state where they are not required to offer it, then explore alternative ways to take leave. Employees may be able to use PTO, vacation days or sick days to pay for bereavement leave. Managers may grant flexible work schedules and unpaid time off. For caring for loved ones with a serious illness, but not bereavement, the Family and Medical Leave Act (FMLA) permits unpaid leave.
How To Support Grieving Employees
The Occupational Safety and Health Administration (OSHA) states that, “83% of US workers suffer from work-related stress, and 54% of workers report that work stress affects their home life. This means most employees regularly experience work stress and struggle to cope with the daily stress. Long-term stress creates harm for employees and employers if not effectively managed. For grieving employees, the daily work stress combined with major life stress can be overwhelming.
Grieving employees need ongoing support from managers and coworkers, plus easy access to mental health services. After bereavement leave, returning to work presents many challenges. Provide managers with tips for helping a grieving employee.
Ensure that you acknowledge the loss without placing demands on the employee. Regularly check in with grieving employees to see how they are doing, show compassion and provide support. Display empathy, kindness and encouragement. Delegating some work to teammates may make other tasks more manageable. Ask employees what they need and try to accommodate their needs.
Consider adding an Employee Assistance Program (EAP) to your company’s benefits, so employees have easy and free access to confidential assessments, counseling and referrals to manage stress and mental health for themselves and family members. Explore alternatives to EAPs to provide mental health services and emotional support for employees. Online mental health services can be delivered directly through contracts with virtual platforms. Employees may find it beneficial to attend a local grief support group.
A comprehensive workplace bereavement policy better equips employees and managers to navigate the immense stress of losing a loved one. With inclusive policies, ongoing support, flexibility and compassion, employees will feel supported.
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