Keith Mack
Bereavement leave is a type of sick leave that allows employees to take time off when a family member dies. While the number of days off varies by location and employer, it is generally meant to provide relief and an opportunity to mourn, participate in funeral services, and handle arrangements. In the US, there is no federal law mandating bereavement leave, and the Family Medical Leave Act (FMLA) does not cover bereavement. However, certain states and local governments may require employers to provide bereavement leave, and some companies offer it as part of their employee benefits. While immediate family members are typically covered, the definition of immediate family can vary, and some employers may include in-laws in their bereavement policies.
| Characteristics | Values |
|---|---|
| Bereavement leave laws in the US | The US Department of Labor doesn’t mandate bereavement leave. Only Oregon, Maine, and Illinois have laws mandating time off for bereavement, and these laws only apply to certain people. |
| Bereavement leave laws in California | As of January 1, 2023, California law requires private employers with at least five or more employees to provide up to five days of bereavement leave. |
| Bereavement leave laws in the UK | The UK mandates bereavement benefits and "reasonable" unpaid time off for emergencies involving dependents, but there is no specific provision for bereavement leave. |
| Bereavement leave laws in Canada | To be eligible for paid bereavement leave, an employee must have completed a 3-month period of continuous employment. |
| Immediate family members | Immediate family members generally include an employee's spouse, parents, stepparents, siblings, children, grandparents, in-laws, and stepchildren. |
| Bereavement leave for in-laws | Some companies, particularly larger ones, may offer bereavement leave for in-laws. Certain states, such as California and Illinois, require employers to offer up to three days of paid bereavement leave for the death of an in-law. |
| Bereavement leave for brother-in-law | Although less common, some policies may extend bereavement leave to siblings-in-law. |
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What You'll Learn
Bereavement leave in California
In 2007, Senator Corbett introduced a measure that would have provided all California employees with four days of bereavement leave, but this was vetoed by Governor Schwarzenegger. Similar measures were proposed and vetoed in 2010 and 2011.
Finally, in 2022, Governor Newsom signed Assembly Bill 1949, which added to the existing California Family Rights Act (CFRA). This new law, which came into effect on January 1, 2023, requires private employers with at least five employees and all public employers to provide up to five days of bereavement leave to employees whose family members have died. This leave is also available to those working for the state or local governments within California. It is important to note that employers can ask for proof of death, such as a death certificate or obituary.
If an employer had an existing bereavement policy before the new law, it is likely outlined in the employee handbook. These policies usually include information on other types of leave, such as medical or intermittent leave. Additionally, employers can require employees to follow their bereavement policies, such as notifying Human Resources of their leave.
If an employer does not allow an employee to take bereavement leave or discriminates against them for doing so, the employee can file a complaint with the California Civil Rights Department (CRD) for an investigation or obtain a right-to-sue letter from the CRD to file a lawsuit.
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Bereavement leave in Oregon
In the United States, there is no federal law that grants bereavement leave to individuals. The U.S. Department of Labor doesn't mandate bereavement leave, leaving individual states to decide upon their bereavement leave laws. Only three states—Oregon, Maine, and Illinois—currently have laws mandating time off for bereavement, and these laws only apply to certain people.
In Oregon, the Oregon Family Leave Act (OFLA) includes bereavement leave as protected but unpaid leave. While the exact number of days off is not specified, the law states that you can take up to 12 weeks of paid leave in a year for serious health conditions. This means that, in Oregon, you can take a week or a single day off at a time based on your needs when a close relative passes away. Your job is protected by law while you're on paid leave if you have worked at at least 90 consecutive days for your employer. Your employer cannot fire or threaten you for taking time off if you are eligible for paid leave, and they must give you the time off according to the law.
Most employers require employees to be regular full-time employees with a minimum period of continuous employment to qualify for bereavement leave. In Canada, for example, to be eligible for paid bereavement leave, an employee must have completed three months of continuous employment. As for part-time employees, this is subject to the employer's policies. Some organizations may also require proof of death.
Immediate family members generally include an employee's spouse, parents, stepparents, siblings, children, grandparents, parents-in-law, siblings-in-law, and grandchildren. If a friend or other relative has died who is not considered an immediate family member, the leave is usually for one day.
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Bereavement leave in Illinois
In Illinois, the Family Bereavement Leave Act (FBLA) entitles eligible employees to up to 2 weeks (10 workdays) of unpaid bereavement leave. This leave can be used to grieve, make necessary arrangements, or attend a funeral or similar gathering for a covered family member.
To be eligible for FBLA leave, an employee must have worked for their employer for at least 12 months prior to requesting the leave and have worked at least 1,250 hours of service during the previous 12-month period. Eligible employees include those working for public employers and private employers with 50 or more employees. A "covered family member" includes an employee's child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, brother-in-law, father-in-law, grandchild, grandparent, or stepparent.
If an employee experiences more than one qualifying event in a 12-month period, they are entitled to up to a total of 6 weeks of bereavement leave during that period. Employers may require employees to provide reasonable documentation for FBLA leave, such as a death certificate or published obituary.
It is worth noting that the FMLA does not provide for bereavement leave. However, it does allow for up to 12 weeks of unpaid leave for family-related matters, including medical leave to care for an injured family member or if a family member in the military is called to active duty.
In summary, while there is no federal mandate for bereavement leave in the United States, Illinois is one of the few states that offer this benefit to its employees, both in the public and private sectors.
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Bereavement leave in the UK
In the UK, there is no statutory right to paid bereavement leave. However, UK law allows employees to take "reasonable" unpaid time off for emergencies, including bereavement. This is typically a subjective measurement that depends on the specific circumstances. The only exception to this is for parents who lose a child under 18, who are entitled to two weeks of paid bereavement leave. Additionally, in cases of pregnancy loss before 24 weeks, parents in England, Wales, and Scotland will soon be entitled to two weeks of bereavement leave under Labour's workers' rights reforms.
While there is no legal mandate, it is recommended that employers be compassionate and generous in providing employees with adequate time to deal with their loss. Employers have the discretion to decide whether to pay their employees during bereavement leave or make arrangements for them to take time off as sick leave, paid holiday, or unpaid leave. Some companies may even provide time off for the loss of a close friend or chosen family member, and some may also offer bereavement leave for the death of a pet.
The term ""compassionate leave"" is often used interchangeably with "bereavement leave." However, it is important to note that compassionate leave refers specifically to time off for emergencies involving a dependent of an employee, and there is no statutory entitlement to time off after the death of a dependent. As such, employers have the discretion to provide for bereavement leave in their employment contracts, with some choosing to stipulate how long each worker is entitled to take off.
In the UK, immediate family typically includes parents, in-laws, children, siblings, spouses, domestic partners, guardians, and grandparents. Some companies may also permit employees to take a day off for the loss of a closer relative, such as an aunt, uncle, or cousin. While there is no federal law mandating bereavement leave in the UK, it is recommended to discuss the situation with your employer, as they have the discretion to grant leave.
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Bereavement leave for siblings-in-law
Bereavement leave is a type of sick leave that allows employees time off to grieve and mourn the loss of a family member. It also provides an opportunity to participate in funeral services and handle arrangements. While the Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave for personal or family health issues, it does not cover bereavement.
The availability and specifics of bereavement leave vary depending on location and employer policies. In the United States, there is no federal law mandating bereavement leave, and it is left to individual states to decide. As of 2023, California requires private employers with at least five employees to provide up to five days of bereavement leave. However, this leave is not required to be paid. Oregon and Maryland have also implemented bereavement leave laws.
In terms of who qualifies as immediate family for bereavement leave, this typically includes parents, siblings, spouses, and children. Some policies may extend bereavement leave to siblings-in-law, although this is less common. Immediate family members, according to some sources, can also include in-laws, such as a spouse's parents or siblings. While not all employers include in-laws in their bereavement policies, doing so fosters a compassionate and supportive work culture. Larger companies and industries such as healthcare and social services are more likely to offer bereavement leave for in-laws.
It is important to note that eligibility criteria for bereavement leave may vary across employers, and employees should refer to their company's policies or local laws for specific information. Additionally, most employers require employees to be regular full-time employees with a minimum period of continuous employment to qualify for bereavement leave.
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Frequently asked questions
It depends on the company's policy and the location. In the US, immediate family members generally include an employee's spouse, parents, stepparents, siblings, children, grandparents, and siblings-in-law. However, some companies have more progressive cultures that value diversity and inclusion and are more likely to offer bereavement leave for in-laws.
The length of bereavement leave can vary but often ranges from a few days to a week. It depends on the employee's relationship with the deceased and the company's policy on working days and leave duration.
Bereavement leave can be paid or unpaid, depending on the company's policy and location. In the US, there is no federal law requiring companies to provide paid bereavement leave.
The eligibility criteria for bereavement leave may vary from employer to employer. Most employers require employees to be regular full-time employees with a minimum period of continuous employment to qualify for bereavement leave.
Employees should follow their company's procedures for requesting time off. They should contact their supervisor or HR as soon as possible, specifying the days of paid or unpaid leave required. Employers may request documentation, such as a death certificate or obituary, to verify the need and eligibility for bereavement leave.
