HomeAnswersWhat is bereavement leave?
What is bereavement leave?
Bereavement leave is time off work after a family member dies, used to attend the funeral, make the arrangements a death requires and grieve. In the United States there is no federal law that makes private employers pay for it. The US Department of Labor says the Fair Labor Standards Act does not require payment for time not worked, including attending a funeral, and that this kind of benefit is generally a matter of agreement between an employer and an employee.
Federal government employees have their own rules. The Office of Personnel Management says a federal employee may use up to 104 hours, or 13 days, of sick leave each leave year for family care and bereavement, including making arrangements after a family member's death and attending the funeral. A separate funeral leave of up to 3 workdays applies when an immediate relative died from wounds, disease or injury incurred while serving in the Armed Forces in a combat zone.
Rules for other workers vary by state, and a few states require employers to allow it. In California, an employer with five or more employees must let an employee who has worked there at least 30 days take up to five days of bereavement leave, completed within three months of the death, and it may be unpaid if the employer has no bereavement policy. Oregon's family leave law, which covers employers with 25 or more workers in the state, gives eligible employees two weeks of leave for a family member's death, completed within 60 days of learning of it. Illinois allows up to 10 work days of unpaid bereavement leave, and up to 6 weeks in total if more than one covered family member dies within 12 months. Maryland's Flexible Leave Act does not add new leave, but lets employees of employers with 15 or more people use paid leave they have already earned for bereavement after an immediate family member dies.
Outside those laws, bereavement leave depends on your employer's policy or a union contract, so check your handbook or ask human resources. This is general information, not legal advice.
The sources behind this answer
- The US Department of Labor says the FLSA does not require pay for time not worked, including attending a funeral, and that funeral leave is generally a matter of agreement between employer and employee. US Department of Labor, Funeral Leave
- OPM says federal employees may use up to 104 hours (13 days) of sick leave each leave year for family care and bereavement, including making arrangements after a family member's death and attending the funeral. OPM, Fact Sheet Leave for Funerals and Bereavement
- OPM says a federal employee is entitled to up to 3 workdays of funeral leave for an immediate relative who died from wounds, disease or injury incurred while serving in the Armed Forces in a combat zone. OPM, Fact Sheet Leave for Funerals and Bereavement
- California Government Code 12945.7 makes it unlawful for an employer to refuse an employee's request for up to five days of bereavement leave after a family member's death. California Government Code 12945.7
- Under the California law, an employee is someone employed for at least 30 days before the leave, and an employer is a person who employs five or more people, or the state and its subdivisions. California Government Code 12945.7
- In California, if the employer has no bereavement leave policy, the leave may be unpaid, though the employee may use vacation, personal leave, accrued sick leave or compensatory time. California Government Code 12945.7
- Oregon law gives an eligible employee a total of two weeks of family leave for the death of a family member. Oregon Revised Statutes 659A.162
- Oregon bereavement leave must be completed within 60 days of when the employee receives notice of the family member's death. Oregon Revised Statutes 659A.159
- Oregon's family leave law applies only to employers with 25 or more employees in Oregon for at least 20 workweeks in the current or prior year. Oregon Revised Statutes 659A.153
- The Illinois Family Bereavement Leave Act entitles employees to up to 2 weeks (10 work days) of unpaid bereavement leave to attend a funeral, make arrangements or grieve a covered family member's death. Illinois Family Bereavement Leave Act, 820 ILCS 154/10
- In Illinois, if more than one covered family member dies within 12 months, an employee may take up to 6 weeks of bereavement leave in that period. Illinois Family Bereavement Leave Act, 820 ILCS 154/10
- The Illinois act uses the federal FMLA definitions of eligible employee and employer. Illinois Family Bereavement Leave Act, 820 ILCS 154/5
- Maryland's Flexible Leave Act lets employees of employers with 15 or more people use leave with pay for bereavement upon the death of an immediate family member. Maryland Division of Labor and Industry
- Maryland says an employee may only use leave with pay that has already been earned. Maryland Division of Labor and Industry
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