Bereavement leave is a leave of absence employees can take after suffering a loss. While many employers offer bereavement leave voluntarily, a handful of states have passed legislation requiring employers to grant time off to employees grieving the death of a loved one. Most of these laws provide a few days of unpaid leave to employees who have lost an immediate family member.
We created this guide to be a resource for employers that need to know which states have bereavement leave legislation on the books. AbsenceSoft’s Leave Law Lookup also provides quick insight into the states with laws regarding bereavement leave, paid family and medical leave, voting leave, and more.
What is Bereavement Leave?
Bereavement leave is time off that an employer provides to employees following the death of a loved one. Typically, policies give employees enough time to attend a funeral. Most do not provide leave for the other activities involved in a significant loss.
Many employers offer bereavement leave policies voluntarily, which means that benefits vary widely. Some organizations offer paid bereavement leave, for example, while others offer unpaid leave. Employers that operate in a state with a bereavement leave law, however, need to craft policies that align with legal requirements.
Understanding Bereavement Leave and Key Best Practices
When crafted well, bereavement leave policies give grieving employees much-needed time, space, and rest. Employees experiencing a loss are not just confronted with grief. They’re also tasked with communicating with a funeral home, navigating family duties, and accomplishing estate-related tasks. The workload that comes with loss is profound and loaded with emotion.
Just as high-quality policies offer support to workers, they also work to uphold business operations. According to a Bereave poll, 51% of employees who experienced loss leave their job within 12 months. This trend leaves employers with gaps to cover and roles to fill. Even if a grieving employee remains in their role, their productivity may understandably suffer.
Bereavement policies may help reverse these patterns. Employees whose employers offer sufficient time off may feel more loyal to their companies. And when their output suffers after a difficult loss, they’ll likely value their job more when they receive the support they need to navigate a challenging season of life.
If your organization is thinking about offering a bereavement policy, use the following tips to make sure your policy and supports are both adequate and compassionate.
- Offer flexible leave options that don’t obligate employees to use their time off in a hurry.
- Add non-consecutive leave options that allow employees to take time off when they need it most.
- Include a phase-back program that permits employees to work part-time or hybrid for a number of weeks.
- Increase the time available for leave so employees have access to meaningful time off that supports their healing.
- Make sure your policy is inclusive of various family structures and religions.
- Offer benefits consistently across your workforce.
- Consider additional support like counseling and employee assistance programs.
For an in-depth discussion on bereavement leave, tune into our webinar, cohosted by Bereave.
What States Maintain Bereavement Leave Laws?
The following states maintain standalone bereavement laws that require employers to provide bereavement leave to certain employees.
- California: California employers must grant employees up to five days of bereavement leave within three months of the death of a family member. Employers must also allow workers to take up to five days of leave within three months of a reproductive loss and up to 20 days within a 12-month period, if multiple losses occur. Whether the leave is paid or unpaid depends on the employer’s existing policy. The leave may be unpaid if the employer does not already offer a relevant policy providing paid leave. It’s important to note that employees may use accrued and available sick leave, or other types of paid time off.
- Illinois: Illinois law protects several types of bereavement leave. Employers with 50 or more employees must provide up to two weeks of unpaid leave following the death of a family member, including stillbirths, miscarriages, and failed adoption or surrogacy agreements. Additionally, employees at large and small employers can take up to 12 and 6 weeks of unpaid leave, respectively, if the employee loses a child by suicide or homicide. The state also requires employers to allow employees to use two weeks of unpaid leave if a family or household member is killed in a crime of violence. (It’s also worth noting that the Illinois Paid Leave for All Workers Act allows employees to use earned time for any reason.)
These states maintain laws that cover bereavement leave.
- Colorado: According to the Colorado Health Families and Workplaces Act, employees must be allowed to use their accrued sick leave “to be absent from work when they need to grieve, attend funeral services or a memorial, or deal with financial and legal matters that arises after the death of a family member.”
- Maine: Maine’s Family Medical Leave provides up to 10 weeks of unpaid leave in a two-year period for the death of an employee’s spouse, domestic partner, parent, sibling or child — if the family member is a member of the state military forces or U.S. Armed Forces and dies while on duty. Maine also requires employers to allow employees to use earned time for any reason.
- Maryland: Maryland law allows employees to use their earned paid leave for bereavement leave when an immediate family member dies.
- Minnesota: Minnesota requires employers to grant up to 10 working days of unpaid leave to employees whose family member has been injured or killed in active service of the U.S. armed forces.It’s also worth noting that Minnesota requires employers to allow workers to use earned time to make funeral arrangements, attend a funeral or memorial service, or address financial or legal matters related to the death of a family member.
- Oregon: Oregon requires that employers grant employees up to two weeks of bereavement leave for the death of a relative by blood or affinity, with a maximum of four weeks of leave per year, should multiple deaths occur. Oregon also allows employees to use sick time for bereavement-related activities.
- Washington: Washington permits eligible employees to use paid family leave for seven days following the loss of a child.
Can technology help me manage bereavement leave?
Technology allows employers and HR professionals to manage bereavement leave with ease, accuracy, and compassion. If an employee requests time off to grieve, AbsenceSoft automatically lets you know if they are entitled to bereavement leave through a state law — and tracks their leave usage.
If your organization offers its own bereavement leave policy, you can use AbsenceSoft to manage it alongside relevant state laws. You can also use AbsenceSoft to manage leave taken under the Family and Medical Leave Act, which employees commonly use before the death of a family member.
To see how the AbsenceSoft platform can help your team manage bereavement leave and more, book a demo today.