Bereavement Leave by State: How Much Time Off Are You Entitled To?

The Federal Landscape: No National Bereavement Leave Law

Unlike many other wealthy nations, the United States has no federal statute requiring private employers to provide paid or unpaid bereavement leave. The two most commonly cited federal employment laws do not fill this gap:

• The Family and Medical Leave Act (FMLA) allows eligible employees at covered employers to take up to 12 weeks of unpaid, job-protected leave per year — but only for specific reasons: a serious health condition of the employee or a qualifying family member, the birth or adoption of a child, or qualifying military exigencies. Grief alone is not a qualifying reason under FMLA.
• The Americans with Disabilities Act (ADA) requires reasonable accommodations for qualified individuals with disabilities. If grief escalates into a clinical condition — such as major depression — the ADA may require your employer to provide accommodations, which could include additional time off. But this requires medical documentation and a formal accommodation process.

Federal employees are covered by the Federal Employees Family Friendly Leave Act, which provides some protections — but this only applies to the federal government workforce, not private-sector employees.

The practical result: for the vast majority of American workers, your bereavement leave rights depend entirely on your employer's written policy, any applicable collective bargaining agreement, and the state you work in.

States That Have Enacted Bereavement Leave Laws

A wave of state legislation has created new minimum protections in recent years. Here is a summary of the states with meaningful bereavement leave mandates as of early 2026:

Oregon (2023)

Oregon's bereavement leave law took effect January 1, 2023 as part of Oregon Revised Statutes Chapter 659A. Employers with one or more employees must provide up to two weeks (10 business days) of unpaid leave per bereavement event. Covered relationships include: spouse, child, parent, sibling, grandparent, grandchild, domestic partner, parent-in-law, and any other person related by blood or whose close association with the employee is the equivalent of a family relationship.

Employers may require documentation of the death but cannot deny leave solely because the employee has not yet provided it. Employees may use any accrued paid leave concurrently. Oregon also prohibits retaliation against employees who take bereavement leave.

Illinois (2023)

Illinois's Family Bereavement Leave Act (FBLA), effective January 1, 2023, applies to employers with 50 or more employees. Eligible employees (those who have worked at least 1,250 hours in the prior 12 months at an employer who is covered by FMLA) are entitled to up to 10 business days of unpaid leave following a covered loss. Covered losses include the death of a family member, as well as pregnancy loss, failed adoption, failed surrogacy, a diagnosis that renders the employee or spouse unable to conceive, or a stillbirth.

The Illinois law is notably broader than most: it covers the death of a child, stepchild, spouse, domestic partner, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent. It also prohibits employers from retaliating against employees who exercise bereavement leave rights.

California (AB 1949, 2023)

California Assembly Bill 1949 took effect January 1, 2023. It applies to employers with five or more employees and requires up to five days of unpaid bereavement leave per qualifying loss. To be eligible, an employee must have worked for the employer for at least 30 days before the leave begins.

Covered family members include: spouse, child, parent, sibling, grandparent, grandchild, domestic partner, and parent-in-law. The leave does not need to be taken consecutively but must be taken within three months of the family member's death. Employers may require documentation (death certificate, obituary, or funeral program) within 30 days of the first day of leave. Leave may be taken concurrently with any accrued paid leave.

Maryland (2024)

Maryland's bereavement leave law took effect January 1, 2024. It applies to employers with 15 or more employees. Eligible employees are entitled to up to three days of unpaid leave within 30 days of the death of an immediate family member. Covered family members include: spouse or domestic partner, child (biological, adopted, foster, or stepchild), parent, sibling, grandparent, or grandchild. Employers may require reasonable documentation. The leave can run concurrently with any accrued paid leave.

Washington State

Washington does not have a standalone bereavement leave statute, but the state's Paid Family and Medical Leave (PFML) program may provide some relief. Washington PFML covers leave to care for a family member with a serious health condition and leave for qualifying military events. While it does not explicitly cover bereavement, employees whose own health is severely impacted by grief may qualify for medical leave under PFML. Washington also has strong sick leave laws that allow use of accrued sick time for bereavement under certain interpretations.

State-by-State Bereavement Leave Table

The table below covers all 50 states. States with a specific bereavement leave law are marked Law. All other states have no state-mandated bereavement leave — your rights in those states depend entirely on your employer's policy or any applicable collective bargaining agreement.

Table reflects laws in effect as of April 2026. State laws are subject to change. Verify current requirements with your state's department of labor.

What Employer Policies Typically Cover

Even without a state mandate, most U.S. employers offer some form of bereavement leave — it is widely considered a basic workplace courtesy. According to the Society for Human Resource Management (SHRM), roughly 90% of organizations offered bereavement leave as of 2023. Here is what typical policies look like:

• Immediate family (spouse, child, parent): 3–5 days is the most common range. Many large employers — particularly in tech, finance, and professional services — now offer 5 days as a baseline, and some have expanded to 10 or more days following high-profile advocacy.
• Extended family (grandparent, sibling, in-law): Most policies provide 1–3 days.
• More distant relatives or non-family: Many employers provide 1 day, or require use of PTO.
• Miscarriage and pregnancy loss: A growing number of employers now include coverage for pregnancy loss, driven partly by state legislation (like Illinois) and broader cultural awareness.

Paid versus unpaid leave varies significantly. Most medium and large employers pay full salary during bereavement leave. Smaller employers are more likely to offer unpaid leave or require use of PTO/sick time. Union contracts often specify bereavement terms more precisely than non-union employer policies.

If you are not sure what your employer offers, your first step should be your employee handbook, available through HR or a company intranet. If the handbook is silent, ask HR directly — ideally in writing so there is a record of the response.

What to Do If Your Employer Denies Bereavement Leave

Having leave denied during a time of grief is particularly painful. Here is a practical escalation path:

Step 1: Check Whether a State Law Applies

If you work in California, Illinois, Oregon, Maryland, or Washington, and your employer meets the size threshold in those state laws, they may be legally required to provide leave. File a complaint with your state's department of labor if they refuse. Links are in the source box at the bottom of this article.

Step 2: Explore FMLA If Your Health Is Affected

If grief has caused you to develop a serious health condition — severe depression, anxiety disorder, or another clinically diagnosed condition — you may qualify for unpaid, job-protected leave under the federal Family and Medical Leave Act. FMLA requires your employer to have 50 or more employees and you to have worked there for at least 12 months (and at least 1,250 hours in the past year). A licensed mental health professional can document your condition if this route applies to you. See the U.S. Department of Labor's FMLA page for details.

Step 3: Check Your State's Paid Family and Medical Leave Program

Many states have PFML programs that may offer paid leave for qualifying health conditions, including mental health conditions related to grief. States with active PFML programs as of 2026 include California, Colorado, Connecticut, Delaware, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia. These programs are funded through employee and employer payroll contributions.

Step 4: Use Accrued PTO or Sick Leave

Even if bereavement leave is not specifically offered, you likely have the right to use accrued paid time off (PTO) or sick leave. Some state sick leave laws permit use of accrued sick time for bereavement — check your state's sick leave statutes. This is not a perfect solution — it depletes leave you may need for other purposes — but it preserves your income during an already difficult time.

Step 5: Request a Reasonable Accommodation Under the ADA

If your grief has resulted in a qualifying disability under the Americans with Disabilities Act — most likely a diagnosed mental health condition — you can request a reasonable accommodation from your employer. This could include additional leave, a reduced schedule, or remote work while you recover. The ADA process requires working with HR and providing medical documentation.

Step 6: Consult an Employment Attorney

If your employer is violating a state law, retaliating against you for requesting leave, or you believe your denial is discriminatory, an employment attorney can advise you at low or no cost through an initial consultation. Many employment attorneys work on contingency for wage and leave violations.

What to Ask HR When Requesting Bereavement Leave

Most people have never had to navigate bereavement leave before and are not sure what information they need. Here is what to ask — and what to provide — when you contact HR:

Questions to Ask HR

• How many days of bereavement leave does the company policy provide? Ask specifically for the number of days for your relationship to the deceased (spouse vs. parent vs. sibling vs. grandparent).
• Is this leave paid or unpaid? If unpaid, can it run concurrently with accrued PTO or sick leave?
• What documentation will the company require? Ask whether you need to provide a death certificate (which can take days or weeks to obtain), or whether an obituary, funeral program, or funeral home notice is acceptable.
• When must any documentation be submitted? Some employers require it before leave begins; others allow you to submit it afterward.
• Is there flexibility if I need more time? Ask about options for additional unpaid leave, use of PTO, or a reduced schedule for a period after bereavement leave ends.
• Will my benefits continue during bereavement leave? Health insurance and other benefits should generally continue, but confirm this.

What HR May Ask You to Provide

Employers vary in their documentation requirements. Common acceptable documents include:

• A certified copy of the death certificate (or a photocopy — certified originals are often only required for legal purposes)
• An obituary published in a newspaper or online
• A funeral home notice, memorial announcement, or funeral program
• A written statement from a funeral home confirming the death and services

Under Oregon and Illinois law, employers cannot deny leave solely because the employee has not immediately provided documentation — the employee can submit it after the leave period. In other states without specific laws, employer requirements control, so clarify this upfront to avoid complications.

Beyond Leave: Grief Support During and After Work

Bereavement leave gives you time to attend the funeral, handle immediate practical matters, and begin processing your loss — but grief does not end when leave does. Returning to work while still grieving is one of the most common challenges people describe in the months after a loss.

There are several resources that may help:

• Employee Assistance Programs (EAPs): Many employers offer free, confidential counseling sessions through an EAP. These typically include 3 to 8 free sessions with a licensed therapist. Check with HR to find out if your employer offers this benefit and how to access it.
• Grief support groups: In-person and online grief support groups offer community with others who understand what you are going through. GriefShare, the Compassionate Friends (for bereaved parents), and the National Alliance for Grieving Children are well-established resources.
• Therapy and counseling: A licensed mental health professional who specializes in grief can provide structured support. If bereavement-related depression or anxiety is affecting your work, therapy and (in some cases) medication may be appropriate — and may support an accommodation or FMLA request if needed.
• Open conversations with your manager: Many managers are willing to be flexible — adjusted deadlines, temporary remote work, or a reduced workload — but they often will not offer unless asked. A direct, brief conversation ("I'm having a difficult time and could use some flexibility for the next few weeks") is usually all that is needed.

For a broader overview of grief resources, see our guide to Grief Support Resources. And for practical guidance on the many tasks that follow a loss, the AfterKin complete guide walks you through each step in order.

If you are also managing the practical aspects of a loss — the estate, the funeral, the accounts — see our guide to How to Plan a Funeral and the full AfterKin Guide for a complete roadmap.

Frequently Asked Questions

Is bereavement leave required by law?

There is no federal law requiring private employers to provide bereavement leave. The Family and Medical Leave Act (FMLA) does not cover bereavement. However, a growing number of states have passed their own bereavement leave laws: Oregon, Illinois, California (for employers with 5 or more employees), Maryland, and Washington currently have statutory protections. All other states leave the decision entirely to the employer's policy.

How many days of bereavement leave do most employers offer?

Most private employers in the U.S. that offer bereavement leave provide 3 to 5 paid days off for the death of an immediate family member — such as a spouse, child, or parent. Leave for extended family members like grandparents, siblings, or in-laws is often shorter (1 to 3 days). Some larger employers and union contracts offer more generous terms. A 2023 SHRM survey found that roughly 90% of organizations offered some form of bereavement leave, though none are required to by federal law.

Do I need to provide proof of death to get bereavement leave?

Many employers do require documentation, but practices vary widely. Common acceptable documents include a death certificate, an obituary, a funeral program, or a notice from a funeral home. Under state laws like Oregon's and Illinois's, employers may request documentation but cannot deny leave solely because the employee has not yet obtained a death certificate (which can take days or weeks). Review your employee handbook or ask HR what your employer specifically requires before or shortly after your leave begins.

What can I do if my employer won't give me time off after a death?

If your state has a bereavement leave law and your employer is covered by it, you can file a complaint with your state's department of labor. If no state law applies, explore other options: FMLA may cover you if your own health is affected by grief, state Paid Family and Medical Leave (PFML) programs may provide paid time off, the Americans with Disabilities Act (ADA) may require reasonable accommodations for a grief-related mental health condition, and many employers allow use of PTO or sick leave. Consulting an employment attorney can clarify your rights in your specific situation.

Does bereavement leave apply to the death of a pet or a friend?

Almost no bereavement leave laws or standard employer policies cover the death of a pet or a close friend. Most laws and policies define covered relationships as immediate or extended family members. However, some progressive employers do voluntarily extend leave for pet loss or non-family relationships — check your employee handbook. If your employer offers flexible PTO, you can typically use that time for any reason, including pet loss or the death of a close friend.