Updated: June 17, 2026 
Under US federal law, employers are not required to offer bereavement leave. However, depending on your state, you might be eligible for paid or unpaid leave for bereavement.
We’ll go over bereavement leave laws in different US states and guide you on how to ask for bereavement leave.
- Bereavement leave is a type of time-off policy used by employers to grant leave following a family member’s death.
- The Fair Labor Standards Act doesn’t require US employers to provide bereavement leave.
- 6 states currently mandate bereavement leave — California, Illinois, Maryland, Oregon, Vermont, and Washington. Only Washington offers fully paid bereavement leave as a separate paid leave.
- Colorado and Minnesota don’t have standalone bereavement leave laws, but allow employees to use accrued paid sick leave for bereavement.
- Clockify lets you create different time-off policies, including a bereavement leave policy, and provides a simple way to track employee time off.
What is bereavement leave?
Bereavement leave is time off granted to an employee after the death of a family member or loved one. It’s also referred to as funeral leave or bereaved leave. Employees use bereavement leave to attend the funeral, handle personal and legal matters related to the death, and grieve.
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Whether bereavement leave is available (and whether it’s paid or unpaid) depends on 3 factors:
- Federal law
- State where the employee works
- Employer’s own policy
Federal vs. state bereavement leave law
US federal law doesn’t mandate bereavement leave. In other words, the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA) don’t require employers to provide this type of leave. In fact, the FMLA covers only miscarriage and stillbirth as qualifying bereavement events. So, there’s no federal bereavement leave law.
What employees are entitled to depends on their state and their employer. At the state level, 6 states now require employers to provide bereavement leave (see the state-by-state section below). In all other US states, bereavement leave is at the employer’s discretion.
As many as 90% of US employers offer some form of paid bereavement leave, even when it’s not legally required, according to the International Foundation of Employee Benefit Plans.
If you’re building a bereavement leave policy from scratch, Clockify makes it easy to set up and manage. You can define your policy terms, configure time-off types, and let employees submit requests directly through the platform.
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Compliance with various state laws in the US can be challenging. For more information on relevant laws, here’s a guide on labor laws across the country:
Is bereavement leave paid?
Under federal law, bereavement leave doesn’t have to be paid. Even in states that mandate bereavement leave, most state laws allow the leave to be unpaid.
Whether an employee receives pay during bereavement leave depends on:
- The employer’s bereavement leave policy
- Whether the employee has accrued paid time off they can use
- The state they work in (e.g., Washington requires paid bereavement leave)
Which states require paid bereavement leave?
Only Washington state mandates paid bereavement leave. California, Illinois, Oregon, and Vermont require employers to allow bereavement leave but don’t require it to be paid.
Maryland requires the use of accrued paid leave — vacation, sick, or compensatory time.
Colorado and Minnesota require paid sick leave to be available for bereavement purposes.
Which family members qualify for bereavement leave?
Who counts as a qualifying family member for bereavement leave depends on state law and company policy. The table below shows how coverage typically breaks down.
| Family member | Typical coverage |
|---|---|
| Spouse or domestic partner | Covered universally by all 6 state laws (California, Illinois, Maryland, Oregon, Vermont, Washington) and most employer policies |
| Child (biological, adopted, foster, step) | Covered universally |
| Parent or stepparent | Covered universally |
| Sibling | Covered by most state laws and employer policies |
| Grandparent | Covered by most state laws; varies by employer where no law exists |
| Grandchild | Covered by most state laws |
| Parent-in-law | Covered by California, Illinois, and Washington; employer discretion elsewhere |
| Grandparent-in-law | Employer discretion; not covered by most state laws |
| Aunt, uncle, cousin | Employer discretion; generally not covered by state laws |
| Friend or pet | Employer discretion only; not covered by any state law |
Does bereavement leave cover grandparents?
Yes, most states with mandatory bereavement leave laws cover grandparents. California, Illinois, Oregon, Vermont, and Washington all include grandparents as qualifying family members. In states without a bereavement leave law, coverage depends on the employer’s policy.
How many bereavement days do you get for a grandparent?
The number of bereavement days for a grandparent depends on the state and the employer. For instance, in California, employees can take up to 5 days, while in Oregon, up to 2 weeks. Employers without a state mandate typically offer 1–3 days for extended family members.
Do aunts and uncles count for bereavement?
No state law includes aunts and uncles as qualifying family members. Whether an employer covers them depends on company policy.
Does bereavement cover a spouse’s grandparents?
Most state laws don’t explicitly cover in-law grandparents, and most employers don’t either — but some do. Check your company’s policy.
Do cousins count for bereavement?
No state law covers cousins for bereavement leave. Coverage is entirely at the employer’s discretion.
How long is bereavement leave?
The length of bereavement leave depends on the state and the employer’s policy. A common employer baseline is 3 paid days for immediate family members and 1 day for extended family. State laws set their own minimums:
- California — up to 5 days
- Illinois — up to 10 workdays
- Oregon — up to 2 weeks
- Vermont — up to 2 weeks or 10 workdays (no more than 5 consecutive workdays)
- Washington — up to 5 days (up to 7 days for the death of a child)
* Maryland doesn’t have a set minimum for bereavement leave — employees can use their accrued and earned leave amount.
Why do many employers offer only 3 days of bereavement?
The 3-day standard comes from longstanding employer practice, not any federal law. It predates most state laws and remains common because it covers the immediate period between a death and a funeral. Some employers offer more, especially for the loss of a child or spouse. If 3 days aren’t enough, employees can typically use accrued PTO.
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In the US, timekeeping rules are established by the US Department of Labor (DOL) and the Defense Contract Audit Agency (DCAA). Learn more about it here:
Certified grief counselor and founder of Timely Presence, Kelly Edmondson, sadly had to learn that “how long a person grieves is determined by company policy, not the magnitude of their loss.” After experiencing a tragic loss, her own work support was vastly different from that of her husband:
“When my son Darius passed away suddenly, my leader supported me in taking months off to effectively begin the healing journey. She flew to the other side of the country for his funeral. She referred me to a grief counselor that specialized in sudden loss for parents. My ex-husband’s company granted him 2 weeks. He couldn’t make it through the day when he returned.”
As Kelly explains, the lack of guidelines leaves employers guessing about how to support their employees, which leaves employees without the time or compassion they need.
Bereavement leave policy checklist for employers
A bereavement leave policy is a written document that outlines what employees can expect when a loved one dies.
A compliant, employee-friendly bereavement leave policy should cover all of the following:
- Eligibility criteria — state which employees are covered (full-time vs. part-time, minimum tenure, etc.).
- Duration by relationship — specify days allowed for immediate family, extended family, and in-laws separately.
- Paid or unpaid — state clearly whether leave is paid, unpaid, or charged against accrued PTO.
- Family member definitions — list all qualifying relationships explicitly and review your state’s law for the required minimum.
- Documentation requirements — specify what proof is needed (obituary, death certificate, funeral home letter) and the deadline to provide it.
- Reproductive loss events — if you operate in Illinois, include miscarriage, stillbirth, failed IVF, and failed adoption as qualifying events.
- Request process — tell employees how and when to notify their manager and HR.
- Interaction with other leave — clarify how bereavement leave interacts with FMLA, PTO, and sick leave.
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Once your bereavement leave policy is in place, you need a reliable way to track it.
Clockify’s PTO and vacation tracker lets employees submit bereavement leave requests in a few clicks, and managers can approve them instantly from the same platform. All leave balances, approvals, and time-off history are stored in one place, so your policy doesn’t just exist on paper.
States with mandatory bereavement leave laws (2026)
As of 2026, 6 states require employers to provide bereavement leave:
California bereavement leave
Employer size: 5+ employees
Employee eligibility: Employed for at least 30 days before leave begins (excludes employees covered by a valid collective bargaining agreement)
Duration: Up to 5 days
Paid or unpaid: Unpaid (employees may use accrued PTO)
Qualifying family members: Spouse, child, parent, sibling, grandparent, grandchild, domestic partner, parent-in-law
Documentation: A death certificate, published obituary, or written verification from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency
Note: California employees don’t need to take their 5 days consecutively. The leave must be completed within 3 months of the family member’s death.
Illinois bereavement leave
Employer size: 50+ employees (covered by the federal FMLA)
Employee eligibility: Worked at least 1,250 hours in the previous 12 months
Duration: Up to 10 workdays (and up to 6 weeks total in a 12-month period if multiple qualifying events occur)
Paid or unpaid: Unpaid (employees may substitute accrued paid leave)
Qualifying family members: Child, stepchild, foster child, spouse, domestic partner, sibling, parent, stepparent, parent-in-law, grandchild, grandparent
Qualifying reproductive loss events: Illinois is the only state that explicitly covers reproductive loss events. Under the Family Bereavement Leave Act (FBLA), employees can also take bereavement leave for:
- Miscarriage
- Stillbirth
- Failed IVF
- Unsuccessful adoption
- Unsuccessful surrogacy
- A diagnosis that negatively impacts pregnancy or fertility
Documentation: A death certificate or published obituary
Note: Reproductive loss leave must be completed within 60 days of the event.
Maryland bereavement leave
Employer size: 15+ employees
Employee eligibility: All employees of covered employers
Duration: Accrued and earned leave amount
Paid or unpaid: Paid, using the employee’s existing accrued leave
Qualifying family members: Child, spouse, parent
Documentation: Not specified by law
Note: Maryland’s law covers fewer family members than other states. If you lose a grandparent, sibling, or in-law, your eligibility depends on your employer’s policy, not state law.
Oregon bereavement leave
Employer size: 25+ employees
Employee eligibility: Worked at least 180 calendar days and an average of 25 hours per week before leave begins
Duration: Up to 2 weeks
Paid or unpaid: Unpaid
Qualifying family members: Spouse, domestic partner, child, parent, parent’s spouse or domestic partner, sibling, stepsibling, grandparent, grandparent’s spouse or domestic partner, grandchild, grandchild’s spouse or domestic partner, or any individual related by blood or whose association with the employee is the equivalent of a family relationship
Documentation: Not specified by law
Note: Oregon’s family member definition is one of the broadest of any state. Review the “close association” language as it may extend coverage to non-relatives in some cases.
Vermont bereavement leave
Employer size: 10+ employees who work at least 30 hours per week
Employee eligibility: Worked an average of 30+ hours per week for the previous 12 months
Duration: Up to 2 weeks (10 workdays) within the employee’s overall 12-week Vermont Parental and Family Leave Act (VPFLA) entitlement, but no more than 5 consecutive workdays
Paid or unpaid: Unpaid (employees may choose to apply accrued paid leave)
Qualifying family members: Spouse, civil union partner, domestic partner, child, parent, grandparent, grandchild, sibling, stepchildren, stepparents, and certain individuals for whom the employee has caregiving responsibilities
Documentation: Not specified by law
Note: Vermont’s 2 weeks of bereavement leave are part of the employee’s 12-week VPFLA entitlement — not 2 additional weeks.
Washington bereavement leave
Employer size: All employers
Employee eligibility: All employees
Duration: Up to 5 days (up to 7 days for the death of a child)
Paid or unpaid: Paid (employees may also draw from accrued PTO)
Qualifying family members: Any family member or household member
Documentation: Not specified by law
Note: Washington’s definition of “family member or household member” is intentionally broad. That said, roommates, domestic partners, and other close household members may qualify.
States with bereavement leave coverage through sick leave laws
Colorado and Minnesota are 2 states that don’t have standalone bereavement leave laws, but both allow employees to use accrued paid sick leave for bereavement purposes.
Colorado
Colorado’s Healthy Families and Workplaces Act lists bereavement as a qualifying reason for using accrued paid sick leave. Employers with 16+ employees are required to provide paid sick leave under this law.
Employees accrue 1 hour of paid sick leave for every 30 hours worked, up to 48 hours per year. This accrued leave can be used to:
- Grieve the death of a family member
- Attend a funeral or memorial service
- Handle financial and legal matters related to a death
Minnesota
Minnesota’s Earned Sick and Safe Time (ESST) law allows employees to use accrued paid sick leave for bereavement purposes. As in Colorado, employees in Minnesota accrue 1 hour of paid leave for every 30 hours worked, up to 48 hours per year.
Additionally, Minnesota’s Paid Family and Medical Leave (PFML) program, while primarily designed for caregiving and medical situations, may provide additional support under its family care provisions during extended bereavement periods. Employers should review the PFML qualifying circumstances to understand how they interact with bereavement situations.
States without mandatory bereavement leave
The following states have no law requiring employers to provide bereavement leave.
| US states without mandatory bereavement leave | ||
|---|---|---|
| Alabama | Louisiana | North Dakota |
| Alaska | Maine | Ohio |
| Arizona | Massachusetts | Oklahoma |
| Arkansas | Michigan | Pennsylvania |
| Connecticut | Mississippi | Rhode Island |
| Delaware | Missouri | South Carolina |
| Florida | Montana | South Dakota |
| Georgia | Nebraska | Tennessee |
| Hawaii | Nevada | Texas |
| Idaho | New Hampshire | Utah |
| Indiana | New Jersey | Virginia |
| Iowa | New Mexico | West Virginia |
| Kansas | New York | Wisconsin |
| Kentucky | North Carolina | Wyoming |
Employees in these states aren’t without options. If your employer doesn’t offer bereavement leave, you may be able to:
- Use accrued vacation or PTO days
- Request unpaid leave
- Use FMLA leave in case of miscarriage or stillbirth
- Negotiate directly with your manager or HR
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If you want to learn more about PTO, accruals, benefits, and more, head to the link below:
Can an employer still offer bereavement leave even if the state doesn’t require it?
Yes, an employer can offer bereavement leave regardless of whether state law mandates it. According to the 2026 Workplace Benefits Report, 84% of employers plan to expand bereavement support this year, while 95% of employees consider bereavement-related benefits valuable.
Upcoming bereavement leave legislation to watch out for
New York and Massachusetts are actively considering bereavement leave laws as of 2026.
New York: Although still under consideration, multiple bills have been introduced to expand New York’s Paid Family Leave (PFL) program to include bereavement. Senate Bill S3944 and Assembly Bill A3529 (2025–2026 session) would authorize paid family leave for bereavement. A separate bill, S8892, would allow employees to use accrued paid sick leave for bereavement, including pregnancy loss and the departure of a long-term foster child.
Massachusetts: Multiple bills in the 2025–2026 legislative session propose mandatory bereavement leave for employers with 25+ employees, with up to 10 days of job-protected leave. Debate continues around whether the leave should be paid or unpaid, and whether child loss should receive separate treatment.
How to request bereavement leave
Requesting bereavement leave is straightforward. Here’s how to do it.
Step #1: Check your company policy
Review your employee handbook to understand your entitlement, including how much time you get, whether it’s paid, and what your employer requires from you. If no formal policy exists, contact HR directly.
Step #2: Notify your employer as soon as possible
Contact your manager or HR department promptly. Let them know the date of death, when you plan to be absent, and any travel involved. Depending on your company, you may need to send an email, call HR, or complete a leave request form.
Step #3: Handle documentation and prepare handover
You may need to provide a death certificate, published obituary, or written verification from a funeral home or religious institution. Most employers give you up to 30 days from the start of your leave to submit it. Before you go, let your colleagues know which tasks need coverage and leave your contact details for genuine emergencies.
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Need help writing a time-off email? Read the following tips for some valuable advice:
Track bereavement leave and manage time off efficiently — with Clockify by CAKE.com
Providing bereavement leave to grieving employees is a nice way to show empathy and support — even when it’s not mandated by law. However, managing bereavement leave manually gets complicated fast, especially for teams spread across states with different law requirements.
With Clockify’s Time off feature, employees can submit leave requests in a few clicks. Managers get an instant notification and can approve or deny from the same platform.
All balances and approvals stay in one place, cutting out the back-and-forth of manual tracking. Balance expiry date is optional.
When someone goes out on leave, Clockify’s Scheduling dashboard makes it easy to redistribute work. The drag-and-drop interface shows capacity at a glance, and overbooked team members are flagged with a red line so managers can reassign before it becomes a problem.
With Clockify, it’s simple to grant time off without endangering the company’s workflow.
FAQs about bereavement leave
If you need additional information about taking funeral leave, we’ve answered some of the most frequently asked questions below.
Which states require paid bereavement leave?
Only Washington requires paid bereavement leave. Maryland state law allows employees to draw from accrued paid leave. Colorado requires paid sick leave to be available for bereavement purposes.
What is considered immediate family for bereavement?
Immediate family typically includes a spouse or domestic partner, a child (biological, adopted, foster, or step), a parent, and a sibling.
How many days off do you get if a family member dies?
Most employers provide 3 paid days of bereavement leave for an immediate family member. State law minimums vary from up to 5 days to up to 2 weeks.
What proof do employers ask for bereavement?
Common proof for bereavement leave includes a death certificate, published obituary, or written verification from a funeral home, crematorium, religious institution, or government agency. Most employers allow up to 30 days from the start of leave to submit documentation.
Can I be fired for taking bereavement leave?
In states where bereavement leave is mandated by law, employers can’t retaliate against an employee for taking it. In states with no bereavement laws, protection depends on your employment agreement and company policy.
What is the difference between FMLA and bereavement leave?
Bereavement leave is time off granted specifically after the death of a family member. FMLA is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave for qualifying family and medical reasons. The FMLA covers bereavement only in cases of miscarriage or stillbirth, not other deaths.
How many days of bereavement do you get for a mother-in-law?
Bereavement leave for mother-in-law lasts up to 5 days in California and up to 10 days in Illinois. California and Illinois are the only states that explicitly include parents-in-law in their state laws for bereavement leave. In all other states, it depends on employer policy.
Do aunts and uncles count for bereavement?
No state bereavement law includes aunts and uncles. Whether you’re entitled to leave for an aunt or uncle depends on your employer’s discretion.
Can you take bereavement leave if you don’t go to the funeral?
In most cases, yes, you can take bereavement leave even if you don’t go to the funeral. Bereavement leave covers grieving and handling arrangements, not just the funeral itself. Most employers don’t require proof of attendance, but check your company policy to be sure.
Disclaimer
Please bear in mind that this bereavement leave laws guide was written in Q2 of 2026. Thus, it may not include changes introduced after it was published.
We strongly advise you to consult the appropriate institutions and/or certified representatives before acting on any legal matters.
Clockify is not responsible for any losses or risks incurred should this guide be used without legal guidance.
How we reviewed this post: Our writers & editors monitor the posts and update them when new information becomes available, to keep them fresh and relevant.