Bereavement leave: What it is and how it works

Purpose of bereavement leave

Bereavement leave is employer-provided, often paid time off following the death of a loved one. Its purpose is to give employees time to grieve, attend funeral services, and make other necessary arrangements. Many employers offer these leave policies to support affected staff during what can be a difficult time.

The duration or number of days of bereavement leave depends on an organization’s specific bereavement policies. Some companies offer three to five days, while others provide weeks. Note that a typical bereavement leave policy will spell out qualifying relationships that bereavement leave applies to. For example, most policies only apply to the loss of immediate family members and close friends.

Now that we understand the basics, let’s talk more about why this benefit can be meaningful to job seekers and longstanding employees.

Importance of bereavement leave for employees

Losing a loved one can be a deeply emotional experience that disrupts and affects every aspect of a survivor’s life. Grief can limit productivity and make focus difficult. It is often an unpredictable emotion, typically defined by random outbursts of disbelief and confusion. The takeaway is that mourning is easier to process without work assignments hanging overhead — or in a workspace with coworkers where it’s business as usual.

Bereavement leave is used to make necessary arrangements and fulfill obligations, but most importantly, it is for employees’ emotional well-being. Companies give affected staff the space they need to grieve so they can return to work refreshed and able to concentrate on their duties. Since most employers choose to make this “compassionate leave” available, employees can feel confident that there will be no negative whispers behind their backs during their time away.

Now that we better understand why this help can be especially meaningful to workers, let’s see if any federal or state regulations exist so that as an employer, you know what your obligations are.

Federal vs. state regulations

Presently, there is no federal law that requires employers to provide bereavement leave, paid or unpaid. However, five states — California, Illinois, Maryland, Oregon, and Washington — currently mandate some form of bereavement leave.

The laws vary regarding offering PTO and the number of days or weeks of bereavement leave. For example, in Washington, if an employee’s family member or household member dies, they are entitled to three days of paid leave. The Family Bereavement Leave Act of Illinois provides eligible employees with up to two weeks of unpaid bereavement leave.

With this in mind, consider your regulatory obligations and responsibility to your employees when going over common bereavement policies and practices.

Common policies and practices

Because there are minimal laws on the books, policies vary. However, many policies have characteristics in common.

1. Length of leave

What is the typical bereavement leave length? Most companies offer three to five days of leave after the loss of immediate family members. However, some companies may offer more or less time depending on the level of the relationship. For example, bereavement leave for a grandparent might be less than that for the loss of a spouse or child.

How you define your bereavement leave policy will depend a lot on company culture as well as state and local regulations. If your team is more close-knit, it may be appropriate to set up a more flexible policy that allows employees to take additional leave, depending on the situation.

2. Paid vs. unpaid leave

How do you decide if bereavement leave is paid or unpaid? Companies wishing to prioritize employee well-being and compassion may offer paid bereavement leave. Unfortunately, paid leave isn’t always possible, especially for smaller businesses that need to keep a close watch on the bottom line.

If you are unsure which option is best for your bereavement leave policy, consider industry standards and state laws. For example, finance and healthcare industries often provide paid bereavement leave.

You can also consider allowing employees to combine voluntary time-off benefits with bereavement leave to limit the cost to the business. VTO can be paid or unpaid, and when combined with bereavement leave, it can give the employee more time to heal.

3. Qualifying relationships

Policies typically define qualifying relationships for bereavement leave. The majority of policies classify immediate family — spouse, children, parents, and siblings — as qualifying relationships. It may also include in-laws, grandparents, and grandchildren.

Some businesses may include other close relationships. For example, you could offer leave for the loss of domestic partners, close relatives, and friends, but this is less common.

4. Documentation requirements

Most businesses require employees to provide a copy of the death certificate to approve bereavement leave. Some companies might also need employees to fill out a leave request form. The documents you call for depend on your policy and possibly state laws.

Communication of bereavement leave policies

For employers, one of the biggest HR challenges is making sure everyone’s well-being is accounted for. A bereavement leave policy is one part of a larger effort in fulfilling that goal. For it to be effective, the business must clearly communicate the policy.

While policy creation is more about HR and upper management, the dissemination of the policy is on everyone in the company. As with other leave policies, the rules about bereavement leave should be included in employee handbooks, new hire orientation guides, company newsletters, and employee assistance programs. Every employee must understand their rights and benefits as a staff member.