Bereavement Leave Laws
Federal law does not require employers to provide bereavement leave, and it’s generally the company’s policies that will determine whether employee time off is permitted or paid in these cases.
However, some states have legislation (see table) that requires employers to give employees time off from work to mourn the loss of a family member.
Bereavement Leave States |
||
State | Details | Statute |
California |
|
§ 12945.7 |
Colorado |
|
§ 8-13.3-404 |
Illinois |
|
820 ILCS 154/10, IL Dept. of Labor, 29 U.S. Code § 2611 |
Maryland |
|
§ 3-802, § 17.04.11.06 |
Minnesota |
|
§ 181.9447 |
Oregon |
|
§ 659A.153, § 659A.162, § 659A.156, § 659A.159 |
Washington |
|
§ 50A.05.010, § 50A.15.010 |
Sample
2. ELIGIBILITY. This policy applies to Company employees who have completed a minimum probationary period of [#] days of employment with the Company. Contract and temporary employees are not eligible for paid leave under this policy.
3. RELATIONSHIP TO DECEASED. Eligible employees are entitled to take bereavement leave in the event of the death of an immediate family member (spouse, domestic partner, child, parent, or sibling) or a close relative (grandparent, aunt/uncle, niece/nephew, cousin, or in-law).
4. DURATION OF LEAVE. In the event of the death of an immediate family member, eligible employees may take up to [#] working days of leave to attend services, manage affairs, and for personal space. The entitlement in the event of the passing of a close relative is [#] working days. Employees may elect to use accrued paid time off if additional time is needed. Additional leave may be granted at the discretion of human resources or the relevant supervisor (“management”).
5. NOTICE AND DOCUMENTATION. Employees should inform management of their intent to take bereavement leave at the earliest opportunity and no later than the day on which leave is to begin. On a case-by-case basis, the Company may request documentation such as a funeral program, obituary, and/or written verification of the employee’s relationship to the deceased.
6. CONFIDENTIALITY. The Company will maintain the utmost discretion and sensitivity in supporting employees through the process of bereavement leave. Information will only be shared with relevant personnel on a need-to-know basis.
EMPLOYEE ACKNOWLEDGEMENT
I, [EMPLOYEE NAME], acknowledge that on [MM/DD/YYYY], I received a copy of [EMPLOYER NAME]‘s Bereavement Policy and that I read it, understood it, and agree to comply with it. I understand that [EMPLOYER NAME] has the maximum discretion permitted by law to interpret, administer, change, modify, or delete this policy at any time, with or without notice.
Employee Signature: Date: ______________
Print Name: [EMPLOYEE NAME]