Bereavement Leave Policy
A bereavement leave policy states how much time an employee can take after a death in the family, whether it is paid, which relationships it covers, and how to request it. No federal law requires bereavement leave, so for most employers the policy is the entitlement. Six states now set a floor.
The generator below builds the policy from your terms and adds the state section where one applies. The choices that shape it, and the one wording mistake that makes a well-meant policy read badly at the worst possible moment, are covered after it.
Generate the policy
Where you choose one of the six states with a mandate, the policy adds the statutory floor and states that the company's terms apply where they are more generous. Have counsel confirm the state section before it goes in the handbook.
The six states with a mandate
| State | Law | Employers covered | Leave | Paid? |
|---|---|---|---|---|
| California | Government Code 12945.7, via AB 1949 (2023) | 5 or more employees; employee with 30 days' service | Up to 5 days per death; within 3 months | Unpaid, unless policy or accrued leave applies |
| Illinois | Family Bereavement Leave Act (2023) | FMLA-covered employers, 50 or more | Up to 10 working days per death; within 60 days; includes pregnancy loss | Unpaid |
| Maryland | Flexible Leave Act | 15 or more employees | Use of accrued paid leave for immediate family | Paid, from accrued leave |
| Oregon | Oregon Family Leave Act | 25 or more employees | Up to 2 weeks per death, 4 weeks a year; within 60 days | Unpaid |
| Vermont | Parental and Family Leave Act, 2025 amendment | 10 or more employees | Within the Act's leave entitlement | Unpaid |
| Washington | Paid Family and Medical Leave, expanded from 1 July 2026 | PFML-covered employers | Up to 7 days within 12 months of the death | Paid, through the state programme |
These are floors. A policy that gives five paid days everywhere already exceeds every state's unpaid minimum on pay, and the generator's state section exists so that the statutory relationships, windows and documentation limits are stated alongside. Employers with staff in several states should adopt one policy that meets the most generous requirement rather than six variants.
The decisions that shape the policy
- Days. Three paid days was the old default; five has become common for immediate family, with three for extended family. Travel adds a day or two, and the policy should say so rather than leaving it to negotiation on the day.
- Paid or unpaid. Paid leave for a death in the family costs almost nothing across a workforce and is remembered for years. Unpaid leave with the option of PTO is the minimum in the mandate states and reads as such.
- Relationships. List them, include step and foster relationships, domestic partners and "a person who stood in that relationship", and include pregnancy loss. The list is where policies most often turn out narrower than the family the employee actually has.
- The window. Memorials happen weeks after deaths. Allowing the days to be split within 60 to 90 days costs nothing and avoids the second request.
- Documentation. Requiring a death certificate before leave is the mistake. Someone whose parent died yesterday should not be asked for paperwork to leave the building. If documentation is needed at all, ask for an obituary or service notice afterwards, which is what California's statute contemplates.
Beyond the days
The days are the easy part. Returning employees often need an adjusted workload for a few weeks, and a policy that names that as something they can ask for gets asked. The manager needs to know what to say, which is little, and what to do, which is to take work off the person's plate without being asked. The one-on-one template's check-in group covers the return conversation, and the attendance policy should exclude bereavement leave from every count, which the generated policy states in its non-retaliation clause. Where a bereavement is followed by a longer absence for grief or depression, that absence may be protected under FMLA or the ADA and should be handled as leave, not attendance.
Key takeaways
- No federal bereavement leave exists. Six states set floors: California, Illinois, Maryland, Oregon, Vermont and Washington, with Washington the only paid one.
- Five paid days for immediate family and three for extended family, split within 60 to 90 days, exceeds every state minimum.
- List the relationships broadly, include step and foster relationships, domestic partners and pregnancy loss.
- Do not require a death certificate before leave. If documentation is needed, ask for an obituary afterwards.
- Name the adjusted workload on return as something the employee can ask for, and exclude bereavement leave from attendance counts.
- Longer absence for grief may be FMLA or ADA leave. Treat it as leave, not as an attendance problem.
Frequently asked questions
Is bereavement leave required by law?
Not federally. Six states require it: California (5 days, unpaid), Illinois (10 working days, unpaid, for larger employers), Maryland (use of accrued paid leave), Oregon (2 weeks per death, unpaid), Vermont (within its family leave entitlement) and Washington (up to 7 paid days through the state programme from July 2026). Elsewhere the employer's policy is the entitlement.
How many days of bereavement leave is standard?
Three paid days was the historical default. Five for immediate family and three for extended family has become the common modern policy, with extra days for travel. The generator above uses those defaults and lets you change them.
Who counts as immediate family for bereavement leave?
Typically spouse or domestic partner, child including step, foster and adopted children, parent or stepparent, parent-in-law, sibling, grandparent and grandchild. Good policies add anyone who stood in one of those relationships and treat pregnancy loss as immediate family bereavement.
Can an employer ask for proof of death for bereavement leave?
It can, but requiring it before leave begins is the wording to avoid. California's statute allows a request for documentation within 30 days of the first day of leave, which reflects the reasonable approach: an obituary or service notice, asked for afterwards, if at all.
Is bereavement leave paid?
Only Washington's state programme requires paid bereavement leave; the other five mandate states require unpaid leave, with the option of using accrued paid time off. Most employers with a written policy pay for at least three to five days because the cost is small and the goodwill is large.
Does bereavement leave count against attendance?
It should not, and in the mandate states it cannot. The policy should say explicitly that bereavement leave is excluded from attendance points or occurrences and from any performance decision.