Bereavement Leave (also know as Grievance Leave)

bereavement leave and grievance leave with woman with red roses and coffin at funeral

For many, questions about bereavement leave, also known as grievance leave, arise suddenly. Having answers readily available helps alleviate stress at a time when those that have lost a family member or loved one need to focus on the grieving process. Below are answers to some of the most frequently asked questions about bereavement leave (grievance leave) and bereavement pay (grievance pay).



What is bereavement?

According to Dictionary.com, bereavement for our purposes is defined as “a period of mourning after a loss, especially after the death of a loved one” and “a state of intense grief, as after the loss of a loved one.” Because each individual’s experience when they lose a loved one is different, each individual may take more or less time to bereave the loss.


What is bereavement leave (grievance leave)?

Bereavement leave (or grievance leave) is leave taken by an employee due to the death of family member or loved one. The time is usually taken by an employee to grieve the loss of a close family member, prepare for and attend a funeral, and/or attend to any other immediate post-death matters.



Are all employees entitled to bereavement leave?

Currently, there are no federal laws that require employers to provide employees either paid bereavement leave or unpaid bereavement leave. The federal government may require federal and contractors employers to provide employees with bereavement pay (grievance pay).

Five states, California, Illinois, Maryland, Oregon, and Washington, has passed laws requiring employers to provide bereavement leave in some form. Depending on the states, employees may be entitled to bereavement pay (grievance pay). The other 45 states, plus the District of Columbia, do not require employers to provide employees bereavement leave.

Although states may not specifically require employers to provide bereavement to employees, employers may be required to allow employees to take personal, sick, or vacation leave to attend a funeral and/or bereave for the lose of a family member or loved one. Visit our state-specific leave law discussions to determine whether other leave laws may cover funeral and/or bereavement leave (grievance leave).


Can employers allow employees to take bereavement leave?

As noted above, private employers, except California, Illinois, Maryland, Oregon, and Washington, are not required to allow employees to take leave or breaks to bereave the loss of a family member or loved one. However, employers may voluntarily allow employees to take bereavement leave. Larger employers typically have employee handbooks, manuals, or policies that provide employees with bereavement leave.

Although many small businesses may have employee handbooks, manuals, or policies that provide employees with bereavement leave, those that do not may have the practice of allowing employees to take time off to bereave. Information about and copies of handbooks, manuals, or policies are typically available from managers, human resource managers or specialists, and/or supervisors.

If an employer develops a policy or practice to provide employees time off to bereave, government agencies (e.g. departments of labor) and courts typically require the employer to comply with the terms of their policy or practice. Also, employers may be required to permit employees who are members of unions to take bereavement leave if their collective bargaining agreements allow it.


Do employers have to pay employees for bereavement leave?

If employers allow their employees to take leave to bereave a loss, employers are not required to pay employees for the leave time unless obligated to do so because of a collective bargaining agreement or employment agreement. Employers may voluntarily develop policies or practices that provide employees with paid bereavement leave. If an employer develops a policy or practice to provide employees time off to bereave, government agencies (e.g. departments of labor) and courts typically require the employer to comply with the terms of their policy or practice.


Can employers provide different employees different bereavement leave benefits?

Employers may give different bereavement leave benefits to different classifications of employees as long as the differences do not result in the employee being discriminated against based on a protected class. For example, an employer may allow an exempt employee, manager, or supervisor to take five (5) days off to bereave but only three (3) days for non-exempt or hourly employees. Similarly, employers may allow full-time employees to take paid bereavement leave but only allow part-time employees to take unpaid leave. Moreover, employers are not required to include the time employees take advantage of bereavement leave as hours worked for overtime based on an employee’s base pay.


What family members are covered by bereavement leave?

Because neither the federal nor state laws, other than California, Illinois, Maryland, Oregon, and Washington, require private employers to provide employees with leave to grieve the loss of a family member or loved one, employers are permitted to determine which family members or loved ones are covered by their bereavement leave policy. Immediate family members and loved ones that are frequently included in bereavement leave policies include:

  • spouse
  • parent, including:
    • biological parent
    • adoptive parent
    • foster parent
    • parent-in-law
    • stepparent
    • parent of a same-gender domestic partner
    • a person with whom the employee has or is in a relationship of in loco parentis
  • child, including:
    • biological child
    • adopted child
    • stepchild
    • foster child
    • child of a same-gender domestic partner
  • grandparents, including grandfather and grandmother
  • grandchildren
  • domestic partners
  • guardian

Other family members and loved ones that covered by leave policies, but less frequently, included:

  • siblings
  • aunts and uncles
  • nieces and nephews
  • cousins
  • individuals with whom the employee had an extended close relationship
  • individuals who live in the same home

How much leave do employees receive to bereave the loss of a family member or loved one?

Because neither the federal nor state laws, other than California, Illinois, Maryland, Oregon, and Washington, establish the amount of time off an employee may take off to bereave, private employers are permitted to determine at their own discretion how much leave the employee may take. At a minimum, employers typically allow employees to attend the funeral of a family member or loved one but frequently permit employees to take more time.

Also, employers may allow employees to take different amounts of time off depending on how closely associated the employee was with the loved one. For example, an employer may allow an employee to take three (3) days of bereavement leave for the death of a child, but only one day for the death of a niece.

Additionally, it is worth noting that the the Family and Medical Leave Act (FMLA) does not include bereavement leave as a justifiable reason for employees taking advantage of the benefits offered by that act.


What proof is required that a family member or someone close to me has died?

Some employers may require employees to provide evidence that death of a family member or loved one to be allowed to take bereavement leave. Such may include an obituary, funeral program, or death certificate.

Because the evidence may not be available before an employee needs to take such leave, employers who require evidence typically allow employees to provide the evidence after the leave it was taken. If an employee fails to provide the necessary evidence, an employer may refuse to pay the employee for the leave, if the policy gives the employee proper notice, or otherwise discipline the employee.


Are bereavement and funeral leave the same?

Bereavement leave and funeral leave are similar but not the same. Some employers allow employees to take leave for the duration of the funeral and burial only. They do not allow employees additional time to grieve the loss of the loved one. Employers’ policies may call this type of leave either funeral leave or bereavement leave. Bereavement leave typically allows employees to take time off to attend the funeral but also allows the employee to take additional time to grieve.


State Bereavement Leave Laws

Below are links to state-specific pages that discuss bereavement leave laws:

AlabamaHawaiiMassachusettsNew MexicoSouth Dakota
AlaskaIdahoMichiganNew YorkTennessee
ArizonaIllinoisMinnesotaNorth CarolinaTexas
ArkansasIndianaMississippiNorth DakotaUtah
CaliforniaIowaMissouriOhioVermont
ColoradoKansasMontanaOklahomaVirginia
ConnecticutKentuckyNebraskaOregonWashington
DelawareLouisianaNevadaPennsylvaniaWest Virginia
District of ColumbiaMaineNew HampshireRhode IslandWisconsin
FloridaMarylandNew JerseySouth CarolinaWyoming
Georgia
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