Bereavement Leave: Your Rights, What to Expect & How to Ask for It
Bereavement leave — also known as compassionate leave or funeral leave — is time off from work when a loved one passes away. It gives you space to grieve, attend services, and take care of practical matters.
Laws around bereavement leave vary from state to state, and not all employers are legally required to offer it. However, more companies are recognizing the importance of this time and including it in their employee benefits.
What Is Bereavement Leave?
Bereavement leave is time off following the death of a family member, friend, or loved one. While many employers provide three to five days off for the death of an immediate family member, others may offer more or extend leave to additional relationships.
It’s important to note that bereavement leave:
Tends to be unpaid leave unless stated otherwise
May count separately from vacation or sick time
May require documentation such as an obituary or death certificate
How to Ask for Bereavement Leave
When you need time off after a loss, keep these steps in mind:
1. Check your employee handbook or HR policy
Look for a section on bereavement, compassionate, or emergency leave. This tells you how much time you can take, whether it's paid, and how to request it.
2. Notify your manager or HR department
You don’t need to share every detail, but let them know:
Who passed away, and your relationship to them
The dates you’ll be out
Whether you’ll need more time than the policy allows
3. Request leave in writing, if possible
A quick email or message makes it easier for HR to track and respond.
4. Ask about additional flexibility
If you’re traveling or dealing with estate issues, see if you can extend your leave using PTO, sick days, or unpaid time.
What Relationships Qualify for Bereavement Leave?
Policies vary, but bereavement leave is most often offered for:
Spouse or partner
Child or stepchild
Parent or stepparent
Sibling
Grandparent
Grandchild
In-laws
Some employers may offer time off for the death of:
A close friend
A pet
A coworker or client
Check with your HR department to understand which relationships are covered under your company’s policy.
What If My Employer Doesn’t Offer Bereavement Leave?
If your employer doesn’t have a bereavement policy:
Ask if you can use sick leave, vacation time, or unpaid time off: Many employers will accommodate reasonable requests.
Request flexibility: Even if there’s no official policy, a supervisor may be willing to work with you on a temporary schedule adjustment or time off.
Look up your state’s laws: A growing number of states require some form of bereavement leave (see below), especially after the loss of a child or immediate family member.
Accept the Help of Coworkers: In some workplaces, your coworkers may donate their hours to those who need them in a difficult time.
Can You Be Fired for Requesting Bereavement Leave?
Most employers won’t terminate someone for asking for reasonable time off after a death, especially when the request is made respectfully and supported by documentation.
However:
If there’s no state-mandated policy and no PTO, the leave may be unpaid
In at-will employment states, employers may let employees go for nearly any reason, unless it’s discriminatory or retaliatory
If you qualify for leave under state law, union protections, or a company policy, firing someone for taking that leave could be a violation
If you believe your termination was unfair, speak with an employment attorney or the U.S. Department of Labor.
Which States Have Bereavement Leave Laws?
Laws vary widely by state. Here's where bereavement leave is currently protected as of 2025.*
California
5 unpaid days per year for family member deaths
Employers with 5+ employees must comply
Documentation may be required
Illinois (Child Bereavement Leave Act & Family Bereavement Leave Act)
Up to 10 days per event, unpaid
Includes miscarriage, stillbirth, failed adoption/surrogacy
Employers with 50+ employees must comply
Oregon
2 weeks of unpaid leave per death
Must be taken within 60 days of notification
Applies to employers with 25+ employees
Maryland
Permits the use of existing paid leave
Applies to the death of a spouse, parent, or child
Washington
3 days paid leave, more if the deceased was a child
Applies to most employees
Other states like Colorado and Minnesota are expanding bereavement protections or encouraging employers to offer formal leave.
*Disclaimer: This article provides the most current information available as of April 2025, but bereavement leave laws and policies can change. For the most accurate and personalized guidance, please consult your Human Resources department, your state’s Department of Labor, or the U.S. Department of Labor. This content is for informational purposes only and should not be considered legal advice.
What If You’re Covered by the Family and Medical Leave Act (FMLA)?
The FMLA offers up to 12 weeks of unpaid, job-protected leave, but not for bereavement directly. It may apply if you:
Develop a serious health condition due to grief or depression
Need time off to care for a seriously ill family member prior to their death
Speak with an HR representative or legal counsel if you believe the FMLA might apply to your situation.
Taking the Time You Need to Heal
Everyone processes loss differently. Whether you take a few days or a few weeks, allowing yourself time to grieve is an essential part of healing. Knowing your options, whether through your employer, state laws, or available paid time off, can make this time a little less overwhelming.
If you or someone you know could use extra support, we offer a variety of grief resources to help navigate the days ahead. From memorial ideas to grief forums and counseling options, our guides are here to support you, whatever your journey looks like, and no matter how long your healing may take.
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