Jul 9, 2025
Table of Contents
- What is bereavement leave?
- Who utilizes bereavement leave?
- Is bereavement leave required by law?
- Is Bereavement Leave Paid or Unpaid?
- How Many Days of Bereavement Leave Should You Offer?
- What if your employer doesn't provide bereavement leave?
- Why Every Company Should Offer Bereavement Leave
- Bereavement policy guidance for business leaders
- Free Bereavement Leave Policy Template
- How to Support a Grieving Employee When They Return
- Final Thoughts: A Bereavement Policy Is a Statement of Your Company's Values
Updated: April 2026
Losing someone close is one of life’s hardest moments. But for many employees, grief comes with an added pressure: what happens to my job while I’m away?
That’s where bereavement leave comes in, and for HR managers and small business owners, having a clear policy in place matters more than most realize. According to a poll by Bereave, 51% of employees who experienced a significant loss left their job within 12 months, often because they felt unsupported.
In this guide, you’ll find everything you need: a plain-English explanation of bereavement leave, current US state laws, how much time to offer, a free copy-paste policy template, and how to properly introduce the policy during employee onboarding
What is bereavement leave?
Bereavement leave is paid or unpaid time off that an employer grants to an employee following the death of a loved one. It gives the employee space to grieve, attend funeral services, travel if needed, and handle personal or legal matters without the stress of worrying about work.
Most companies offer bereavement leave as part of their HR policy, even in states where it isn’t legally required. Policies typically cover the death of an immediate family member (spouse, child, parent, sibling), though many modern policies also include extended family, close friends, and even pregnancy loss.
Bereavement leave is different from general PTO or sick leave. It exists specifically to support emotional recovery after loss, and it signals to your team that your company values people over productivity
Who utilizes bereavement leave?
Bereavement leave is mostly taken by individuals who have just lost a loved one. This vacation has several functions: the loss can be grieved, memorial services can be arranged, and numerous administrative tasks can be handled after a death.
Some companies offer bereavement leave as a standard employee benefit, whereas some allow employees to use personal time or vacation days to this end. In cases where paid leave is not available, certain workers could be allowed to take unpaid leave.
Bereavement Leave vs. Compassionate Leave — What’s the Difference?
These two terms are often used interchangeably, but they are not the same:
| Features | Bereavement Leave | Compassionate Leave |
|---|---|---|
| Trigger | Death of a loved one | Death OR serious illness of a dependent |
| Typical length | 3–5 days | 1–5 days |
| Paid? | Often paid | Often unpaid |
| Who it covers | Employees grieving a loss | Employees caring for a seriously ill family member |
In most US company policies, “bereavement leave” refers specifically to time off after a death. “Compassionate leave” is more commonly used in the UK and Australia, and it has a broader meaning that includes caring for a sick family member.
For your employee handbook, it’s best to use “bereavement leave” clearly and define exactly which situations it covers.
Is bereavement leave required by law?
In some cases, yes. Although no federal laws mandate bereavement leave, several states have established their own regulations. Here are some notable state requirements:
| State | Bereavement Leave Rules | Covered Employers |
| California | Workers employed for at least 30 days may take up to five days off following a family member’s death. This time can be taken all at once or in separate periods within three months of the death. Companies may request proof and decide if the leave is compensated or not. | Companies with five or more workers |
| Colorado | Through the Healthy Families and Workplaces Act, workers may take up to 48 hours of compensated leave after a family member’s death. | All companies |
| Illinois | Workers may take up to two weeks of uncompensated leave for a covered family member’s death. This also applies to fertility, pregnancy, surrogacy, and adoption losses. Workers experiencing multiple events within 12 months may use up to six weeks total. Companies may request reasonable proof. | Companies with 50 or more workers |
| Maryland | Through the Maryland Flexible Leave Act, workers may use any accumulated paid time off for an immediate family member’s death. | Companies with 15 or more workers |
| Minnesota | Employees may use accrued sick leave for bereavement. Up to 160 hours per year for the death of an immediate family member. | All employers |
| Vermont | Bereavement is a recognized reason for unpaid, job-protected parental leave for eligible employees. | Employers with 10+ employees |
| Washington | Employers must provide up to 3 days of paid leave after the death of a family member or household member. As of July 2026, this expands to 7 days under the Paid Family & Medical Leave program. | All employers |
| Oregon | Workers who have averaged 25 hours weekly for 180 days may take up to two weeks off for a family member’s death, within 60 days of learning of the death. The maximum is four weeks per calendar year. | Companies with 25 or more workers |
Note: State laws change frequently. As of 2025, legislation is actively being reviewed in New Jersey, Massachusetts, and North Carolina. Always verify your state’s current requirements before finalizing your policy. This table was last reviewed in April 2025.
Is Bereavement Leave Paid or Unpaid?
Whether bereavement leave is paid depends on your company’s policy and, to some extent, your state’s laws.
Here’s what the data shows for US employers:
- 56% of companies offer 3 days of paid bereavement leave for an immediate family member
- 29% of companies offer 5 days
- 5% of companies offer 6 or more days
- Most state laws that do exist do not require pay — they only protect the employee’s job
Best practice for small businesses: Offer at least 3 days of fully paid leave for the death of an immediate family member, and 1–2 paid days for extended family. This costs relatively little but has a significant positive impact on employee loyalty and morale.
If an employee needs more time than your policy allows, consider letting them use accrued PTO or sick days
How Many Days of Bereavement Leave Should You Offer?
There’s no one-size-fits-all answer, but here’s a practical guide for small businesses:
| Relationship | Recommended Paid Days |
|---|---|
| Spouse / domestic partner | 5 days |
| Child | 5–10 days |
| Parent/stepparent | 3–5 days |
| Sibling | 3 days |
| Grandparent | 1–3 days |
| In-laws | 1–3 days |
| Close friend / non-family | 1 day (manager discretion) |
| Pregnancy loss | 3–5 days (increasingly common) |
Important: Grief is not linear. Many HR experts now recommend allowing employees to take their bereavement days non-consecutively within the first 3 months of a loss, rather than requiring all days to be taken immediately after the death. This flexibility costs nothing but makes your policy significantly more humane and effective.
What if your employer doesn’t provide bereavement leave?
If your employer lacks a specific bereavement leave policy, you might still be able to take time off following a loved one’s death. Some employers may request that you use time off under the company’s sick leave policies or utilize your vacation days instead.
You might look into the Family and Medical Leave Act (FMLA), which offers unpaid leave in specific situations. FMLA typically doesn’t allow leave for bereavement purposes, but you can request unpaid FMLA leave to provide care for a loved one with medical needs.
Why Every Company Should Offer Bereavement Leave
Beyond the moral case, the business case for bereavement leave is clear:
1. Retention risk is real. Research by Bereave found that 51% of employees who experienced a significant loss left their job within 12 months. A generous bereavement policy is one of the lowest-cost ways to reduce that risk.
2. Grief damages productivity more than absence does. Employees who return to work too soon — because they felt pressured or had no paid leave — show measurably lower productivity, more errors, and a higher risk of burnout. Allowing proper recovery time actually protects your output.
3. It builds genuine loyalty. Employees remember how their employer treated them during the worst moments of their lives. A company that shows up during grief earns loyalty that no bonus or perk can replicate.
4. It’s increasingly expected that as companies like Meta, Google, and Airbnb have moved to 20-day bereavement policies, employee expectations are shifting. Small businesses that want to compete for talent need to meet at least a minimum standard.
5. It signals your culture. For small businesses, especially, how you handle bereavement leave during employee onboarding tells new hires everything about your company culture. It’s one of the first real tests of whether your stated values match reality.
Bereavement policy guidance for business leaders
Bereavement leave isn’t legally required in most states, but it represents a recommended practice for all businesses to provide some version of it. Here are recommendations for developing an effective bereavement leave policy.
1. Develop a thorough policy
Organizations can assist their staff by establishing a clear and detailed bereavement leave policy.
A complete bereavement leave policy should cover these areas:
- Who is eligible for bereavement leave?
- What are the rules for immediate family members, extended family members, and friends?
- How many days of bereavement leave may an employee use?
- Is bereavement leave compensated or uncompensated?
- What are the procedures for requesting bereavement leave?
- What proof is needed for bereavement leave requests?
- How will your existing payroll system monitor bereavement leave?
2. Design an inclusive policy
Your bereavement leave policy must match your available resources and be as inclusive as possible. When establishing guidelines for immediate and extended family members, business owners and managers should recognize that non-traditional families represent a significant portion of employee family structures in today’s society.
3. Provide scheduling flexibility
You might also want to establish a policy that offers flexibility regarding when employees can take time off, such as specifying the number of bereavement days available while allowing employees to coordinate specific dates with their direct supervisor. Not everyone will prefer to use their complete leave consecutively, depending on their individual circumstances.
4. Keep an updated policy in your employee manual
Add the bereavement policy to your employee manual and revise it when necessary. To avoid workplace discrimination claims, implement the policy consistently throughout your organization.
5. Introduce the Policy Clearly During Onboarding
One of the most overlooked parts of bereavement leave is when and how employees learn about it. Most companies bury it in an employee handbook that no one reads.
The better approach: make your bereavement leave policy part of your structured employee onboarding process. When a new hire joins, they should:
- Receive a clear, written summary of the bereavement policy
- Know exactly who to contact and how to request leave
- Understand that using the policy will not affect their standing or performance reviews
Using an onboarding platform like Danfe, you can include your bereavement policy as a required acknowledgment during onboarding. So every employee confirms they’ve read and understood it before they ever need it. This protects both the employee and the company.
Free Bereavement Leave Policy Template
Free Bereavement Leave Policy Template (Copy & Paste)
Use the template below as a starting point for your own policy. Customize the bracketed sections to match your company’s specifics.
BEREAVEMENT LEAVE POLICY — [COMPANY NAME]
Effective Date: [Date] Last Reviewed: [Date]
Purpose [Company Name] recognizes that the loss of a loved one is one of life’s most difficult experiences. This policy provides eligible employees with paid time off to grieve, attend services, and manage personal affairs following a death in the family.
Eligibility: All full-time and part-time employees who have completed [30/60/90] days of employment are eligible for bereavement leave.
Leave Entitlement
| Relationship | Paid Days Off |
|---|---|
| Spouse / Domestic Partner / Child | Up to 5 days |
| Parent / Sibling / Grandparent | Up to 3 days |
| In-laws / Step-relations | Up to 2 days |
| Other close family or friend | Up to 1 day (manager approval) |
| Pregnancy loss | Up to 5 days |
Requesting Leave: You should inform your immediate supervisor as early as possible. Place your request by [HR system/email to HR]. Documentation (obituary or funeral notice) can be requested, but is not mandatory, prior to commencement of leave.
Further Time Off: In case of necessity to spend more time than the above, the employees can use their accumulated PTO or unpaid leave. Cases will be addressed on a case-by-case basis.
Non-Consecutive Bereavement Days: Bereavement days can be observed non-consecutively within 90 days of the loss, at the discretion of the managers.
Confidentiality: All bereavement leave requests will be treated with utmost confidentiality and empathy.
This template is provided as a general starting point and does not constitute legal advice. Please consult an employment attorney to ensure compliance with your state and local laws.
How to Support a Grieving Employee When They Return
The bereavement leave policy covers the time away. But what happens when the employee comes back matters just as much.
Before they return:
- Assign a temporary point-of-contact for their key responsibilities so they don’t return to chaos
- Send a brief, sincere message of condolence — not a work update
- Confirm their return date without pressure
On their first day back:
- Schedule a short private check-in (15 minutes is enough)
- Ask what kind of support would be most helpful — don’t assume
- Reduce non-essential meetings or deadlines for the first week
In the weeks after:
- Don’t expect “normal” output for at least 2–3 weeks
- Make your Employee Assistance Program (EAP) resources visible and easy to access
- Train managers to recognize prolonged grief signs and refer to HR when needed
What to avoid:
- Asking the employee for work updates during their leave
- Commenting on how long they’re taking to “get back to normal.”
- Treating the return like nothing happened
Final Thoughts: A Bereavement Policy Is a Statement of Your Company’s Values
Bereavement leave is not just an HR checkbox. It’s one of the clearest signals your company sends about how much it actually values its people.
For small businesses building HR policies from scratch, the steps are simple: define who is covered, make it paid, allow flexible timing, and introduce it during onboarding so employees know about it before they ever need it.
Want every new hire to acknowledge your bereavement policy — without chasing paperwork?
Danfe’s onboarding platform handles that from day one. Policies, acknowledgments, and training — all in one place.
Frequently Asked Questions
In most US states, there is no federal law requiring bereavement leave, which means employers in states without specific laws can technically deny the request. However, denying leave is considered poor HR practice and can seriously damage morale and retention. In states with mandatory bereavement leave laws (California, Colorado, Illinois, Maryland, Minnesota, Oregon, Washington), employers are legally required to grant the leave.
Most employers may request an obituary, funeral program, or death certificate. Importantly, employees generally should not be required to provide documentation before the leave begins — only within a reasonable period after returning (typically 30 days).
Increasingly, yes. Illinois, California, Oregon, and several other states now include pregnancy and reproductive loss as a qualifying reason for bereavement leave. Even where not legally required, offering this benefit is considered a best practice in 2025.
This depends entirely on your company’s policy. Most basic policies only cover family members. However, modern and inclusive policies recognize that close friendships can be just as significant as family relationships. The best approach is to write your policy to allow manager discretion for non-family losses.
