Bereavement Leave
by Tom O'DeaWhat is Bereavement Leave?Bereavement leave is job-protected time off that allows employees to grieve, attend funeral services, and handle personal matters following the death of a loved one.
While it may not be as heavily regulated as other forms of leave, it plays an essential role in supporting employee well-being during one of life's hardest moments. Some employers voluntarily offer this leave as a compassionate benefit, while a handful of states and cities legally require it.
Policies usually define how much time is available, which relationships qualify (immediate family, extended relatives, sometimes even close friends or domestic partners), and whether the leave is paid or unpaid. At its core, bereavement leave is about compassion in the workplace, giving people space to heal without worrying about their jobs. |
Who needs policies relating to Bereavement Leave?
Any employer should at least consider a bereavement leave policy. Death does not discriminate by industry, company size, or geography, and the absence of a clear policy can leave both managers and employees unsure of what to do in difficult moments.
In some jurisdictions, such as Oregon and Illinois, bereavement leave is legally required. Multi-state employers in particular should pay attention, since compliance can shift depending on where employees are located. Even if your state has no mandate, offering bereavement leave shows compassion, supports retention, and signals that your culture values people as more than their output.
In short, if you employ humans, a bereavement leave policy is worth having; either because the law says so or because empathy is good business.
Model policy templates related to Bereavement Leave
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Jurisdictions with laws on Bereavement Leave
Bereavement leave laws recognize that grief is not optional and employees need space to process loss.
Currently, bereavement leave is regulated mostly at the state level. Oregon and Illinois both require certain employers to provide bereavement leave, and local governments like Portland have added their own rules. Most other states leave it up to the employer's discretion, though many companies offer it voluntarily as a best practice. It is commonly added as a protected reason for leave to existing paid sick leave or family medical leave laws, typically depending on whether the leave is paid or not.
For employers, knowing whether your jurisdiction mandates this leave is key, since requirements can vary not just by state but sometimes by city.
Reminder
The information provided here does not, and is not intended to, constitute legal advice. Only your own attorney can determine whether this information, and your interpretation of it, applies to your particular situation. You should contact legal counsel for advice on any specific legal matter.