Bereavement Leave Laws by State
Losing someone you love is hard enough without worrying about your job. Here is what the law says about bereavement leave in your state, so you can focus on what matters.
Browse bereavement leave laws by state
Select a state below to see the full details on bereavement leave requirements, qualifying relationships, and what to do if your employer does not offer leave.
What is bereavement leave?
Bereavement leave is time off from work following the death of a family member or loved one. Some states require employers to provide it by law. In most states, it is entirely at the employer's discretion.
The rules vary widely. In states with mandatory bereavement leave laws, the details differ on how many days are allowed, whether the leave must be paid, which family relationships qualify, and how large an employer must be for the law to apply.
Which states require bereavement leave?
As of the last review date, only a handful of states have laws requiring private employers to provide bereavement leave. These include California, Oregon, Illinois, and Minnesota, among others. The requirements in each state differ significantly.
In all other states, bereavement leave is not legally required for private employers. However, many employers offer it voluntarily as part of their benefits package. Federal employees are covered under separate rules.
What if your state has no bereavement leave law?
If your state does not require bereavement leave, you still have options. You may be able to use accrued PTO, vacation, or sick time. You can request unpaid time off from your employer. If your employer has 50 or more employees, you may qualify for unpaid leave under the federal Family and Medical Leave Act (FMLA), though FMLA does not specifically cover bereavement for extended family.
Check your employee handbook or speak with HR to understand your employer's specific bereavement policy.
Frequently Asked Questions
No. Bereavement leave laws vary significantly from state to state. Some states require employers to provide a specific number of days off. Most states have no bereavement leave law at all, leaving it entirely up to the employer. Use the tool above to check your state's specific rules.
It depends on your state and your employer. Even in states that require bereavement leave, the law does not always require it to be paid. In many cases, you may need to use accrued PTO or vacation time to receive pay during your leave. Check your state's specific rules and your employer's policy.
The definition of immediate family varies by state and by employer. States with mandatory bereavement leave laws typically define a list of qualifying relationships, which may include spouses, children, parents, siblings, grandparents, grandchildren, and domestic partners. Some employers define it more broadly or narrowly. Check your state's law and your employer's policy for the specific definition that applies to you.
In states with mandatory bereavement leave laws, your employer generally cannot retaliate against you for taking the leave you are entitled to. In states without a bereavement leave law, the answer is more complicated and may depend on your employment contract, your employer's policies, and whether you are in an at-will employment state. If you believe you have been retaliated against, consider consulting an employment attorney.