Bereavement: US

This bereavement policy explains how your organization can support employees who need time away from work after a death in the family, including a common best-practice approach of offering up to three days of paid leave for full-time employees, defining "immediate family" in a clear and inclusive way, and outlining how employees should request additional time off. There's no US federal bereavement leave law that generally requires a standalone policy, but many employers publish one anyway to set consistent expectations, reduce confusion during a difficult time, and coordinate bereavement requests with other leave and accommodation obligations that may apply depending on the situation and location.

The History Behind Bereavement Policies in the US

Bereavement Leave became a common written policy in the US because federal leave law mostly skipped grief. The Family and Medical Leave Act of 1993 (FMLA) gave eligible employees unpaid, job-protected leave for their own serious health condition and certain family caregiving needs, but it did not create a standalone right to take time off to mourn. Employers created their own internal practices, often borrowing the "three days" norm from long-standing union contracts and legacy HR handbooks.

State and local lawmakers later started putting bereavement into statutes, and that pushed more employers to standardize. Oregon's 2014 "Oregon Family Leave Act" amendments added protected bereavement leave for the death of a family member, and California followed with AB 1949, which took effect in 2023 and requires most employers with five or more employees to provide up to five days of protected bereavement leave. Other jurisdictions took narrower swings, and the result is a familiar compliance headache: the baseline expectation for time off after a death became widely accepted, but the rules about eligibility, timing, pay, and documentation varied by location.

Court decisions have not created a national bereavement right, but litigation has shaped how employers write these policies. Diligent employers watch wage-and-hour rules when they pay bereavement time, apply definitions of "family" consistently to avoid discrimination claims, and treat documentation requests carefully so they do not drift into privacy problems or uneven enforcement.

Which Law is this Bereavement Policy Meant to Comply With?

There's no federal law that specifically requires a Bereavement policy for US-based employees. We include this policy because it's either (1) a common best practice that answers employee FAQs and sets clear expectations, or (2) a topic that is regulated in many states, so employers often use one company-wide policy that meets or exceeds the toughest state requirements.

How to Write a US-Specific Bereavement Policy

• Start with "why" and introduce the concept.
• Define who's eligible for bereavement leave.
• State whether bereavement leave is paid and how much time is available.
• Explain how employees can request bereavement leave and discuss additional time off options.
• Define "immediate family" and allow flexibility for other significant relationships.
• Note that your organization may request documentation to support the leave.
• Include a path for employees to request special considerations related to bereavement.

When to Include this Policy in Your Employee Handbook

The law does not require you to publish a policy or issue a specific notice. That said, you still have to comply with the requirements that apply to you as an employer. 

Even when notice is not required, this is still the kind of policy most employers should put in their handbook or otherwise publish to employees (if you allow for bereavement leave). It answers a question employees will ask, sets expectations, and gives managers a consistent script. If you do not include it, you will end up explaining it ad hoc, and that is when inconsistency, resentment, and accidental noncompliance shows up. 

Other Considerations

The law applies to US employers who have at least 1 employee in the US.

Exceptions

None.