What Is Bereavement Leave?

It’s a conversation no one wants to have, but like death itself, discussing bereavement leave is inevitable. When the time comes, the conversation will go much more smoothly if employers already have a clear, compassionate policy in place.

Prepare for this difficult time by learning more about bereavement leave and how to create an effective bereavement leave policy.

What is Bereavement Leave?

Bereavement leave is time off granted to employees after the loss of an immediate family member. This time allows employees to handle funeral arrangements, settle family matters, and grieve.

Bereavement leave can be paid or unpaid, depending on company policy. Offering this benefit can help attract and retain employees, making it more than just a policy—it’s a reflection of company culture.

Are Employers Required to Offer Bereavement Leave?

Currently, no federal or state laws—except in Oregon—mandate bereavement leave. Under the Fair Labor Standards Act (FLSA), employers are not required to pay employees for non-working days, including time off for funerals or memorial services.

It’s important to distinguish FLSA from the Family and Medical Leave Act (FMLA), which provides up to 12 weeks of unpaid, job-protected leave for eligible employees. While FMLA allows employees to care for a seriously ill immediate family member, it does not cover bereavement leave after a death.

For more information on legalities surrounding PTO, check out our HR Party of One video below! 

The Importance of a Bereavement Leave Policy

Without a formal bereavement leave policy, companies may handle requests inconsistently or even deny them altogether.

Both approaches create unnecessary stress. Case-by-case approvals can be confusing for HR, while a blanket denial risks employee dissatisfaction and turnover. A well-defined bereavement leave policy provides clarity, fairness, and support during an emotionally challenging time.

What Should a Bereavement Leave Policy Include?

A bereavement leave policy can take many forms at an employer’s discretion. If your business offers unlimited paid time off (PTO), for example, a policy can be as simple as communication and coordination between the employee and their manager.

If PTO is accrued or allotted, employers should write a clear and specific policy to include an employee handbook or culture guide. A through bereavement leave policy should address these questions:

• Is bereavement leave paid or unpaid?
  While paid leave isn’t required, it can ease financial burdens during an already difficult time.
• Does bereavement leave count as sick or personal leave?
  Specify whether bereavement leave falls under sick leave, personal leave, or a separate category.
• Who qualifies for bereavement leave?
  Define who is eligible based on exemption status, part-/full-time status, seniority, or position in the organization.
• Who is considered “immediate family”?
  Traditionally, this includes partners, children, parents, siblings, and grandparents. However, some employees may have other meaningful relationships that should be considered.
• How many days of bereavement leave are allowed?
  Policies may vary based on factors such as the employee’s relationship to the deceased and travel needs. Even a set baseline provides much-needed clarity.
• How should bereavement leave be requested?
  Outline the process for notifying managers and HR. Using a Human Resources Information System (HRIS) like BerniePortal can streamline requests and approvals.
• Does bereavement leave require proof?
  Some employers request documentation, but sensitivity is key when handling these situations.

How Else Can Employers Support Grieving Employees?

Beyond a bereavement leave policy, employers can support grieving employees in several ways.

Check in upon return: Returning to work after a loss can be overwhelming. A simple check-in from a manager can go a long way in showing support. If regular 1:1 meetings are part of company culture, these check-ins will feel more natural.

Offer an Employee Assistance Program (EAP): An EAP provides confidential support for employees facing personal or work-related challenges, including grief counseling. Encouraging employees to use these resources can help them cope more effectively.

Allow flexibility: Grieving doesn’t follow a set timeline. Even after leave ends, offering a flexible schedule or remote work options can help employees adjust at their own pace.

Additional Resources

You can stay informed, educated, and up to date with important HR topics using BerniePortal’s comprehensive resources:

• BernieU—free online HR courses, approved for SHRM and HRCI recertification credit
• BerniePortal Blog—a one-stop shop for HR industry news
• HR Glossary—featuring the most common HR terms, acronyms, and compliance
• Resource Library—essential guides covering a comprehensive list of HR topics
• HR Party of One—our popular YouTube series and podcast, covering emerging HR trends and enduring HR topics
• Community—the HR Party of One Community forum, a place devoted to HR professionals to ask questions, learn more, and help others