Bereavement Leave in New York
No state law requires bereavement leave in New York
New York has no state law requiring employers to provide bereavement leave. Multiple bills have been proposed to expand New York's Paid Family Leave program to include bereavement, but none have passed as of early 2026. New York does have a paid sick leave law and a Paid Family Leave insurance program.
What are your options?
New York's paid sick leave law requires employers to provide sick leave (amount varies by employer size) that may cover some bereavement-related needs. New York's Paid Family Leave program provides partial wage replacement for caring for a seriously ill family member but does not specifically cover bereavement after death. Check your employer's bereavement policy. You may also use PTO or vacation time.
Bereavement leave in New York: what you need to know
New York does not currently require private employers to provide bereavement leave, though multiple bills have been introduced in the state legislature to change that. New York's existing employee protections are relatively strong in other areas (paid family leave, sick leave, anti-discrimination), but bereavement leave remains a gap.
New York workers do have one advantage that employees in many other states do not: the New York Paid Sick Leave law, which requires employers to provide sick leave based on company size. Employers with 100 or more employees must provide 56 hours of paid sick leave per year. This sick leave can be used for a range of purposes, and while bereavement is not explicitly listed, the law's definition of covered uses is broad enough that some employees may be able to use sick leave following a death. Check the specific language of the law and your employer's policy.
New York's Paid Family Leave (PFL) program provides wage replacement for bonding with a new child, caring for a seriously ill family member, or assisting with family obligations related to military deployment. PFL does not cover bereavement specifically, but if a family member's death follows a period of serious illness during which you provided care, you may have already used or be eligible for PFL benefits related to the caregiving period.
For New York City employees, additional protections may apply under local law. NYC has its own sick leave law and anti-retaliation protections that can provide a broader safety net. If you work in New York City, review both state and city-level rules.
The legislative attention to bereavement leave in New York suggests that a statewide requirement may be on the horizon. New York has historically been a leader in employee protections, having been among the first states to implement paid family leave and among the most aggressive in expanding paid sick leave. Workers and employers in New York should monitor legislative developments, as a new mandate could arrive with relatively little lead time.
If you are a New York employee dealing with a death in the family, document your communications with your employer carefully. New York's strong anti-retaliation protections mean that if you are disciplined or terminated for requesting time off in connection with a family death, you may have legal recourse even without a specific bereavement leave law.
New York employees should also be aware of the intersection between bereavement and short-term disability benefits. New York requires employers to provide short-term disability insurance, which covers employees who are unable to work due to a non-work-related illness or injury. While grief alone does not typically qualify, if grief leads to a diagnosable condition such as major depressive disorder that prevents you from working, short-term disability benefits may be available. This is a separate avenue from bereavement leave and can provide wage replacement for a longer period.
More New York workplace laws
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Frequently asked questions about bereavement leave in New York
The New York Paid Sick Leave law does not explicitly list bereavement as a covered use. However, the law allows sick leave for mental health purposes, and grief can qualify as a mental health need. The practical answer may depend on your employer's interpretation and policy. It is worth discussing with HR.
Multiple bills have been introduced in the New York State Legislature to create mandatory bereavement leave. As of early 2026, none have passed. The issue continues to receive legislative attention, and the strong labor movement in New York makes future passage possible.
Not directly. PFL covers bonding with a new child, caring for a seriously ill family member, and military family assistance. It does not cover bereavement leave specifically. However, if you were providing care to a family member before their death, you may have been eligible for PFL during the caregiving period.
New York City government employees typically receive paid bereavement leave under their union contracts or agency policies. The amount varies by agency and union. City employees should check with their specific agency's HR department or union representative.
New York's mandatory short-term disability insurance covers non-work-related illness or injury that prevents you from working. If grief develops into a clinically diagnosed condition (such as major depression or acute stress disorder), you may qualify for short-term disability benefits. A healthcare provider's certification would be required. This is not guaranteed but is worth discussing with your doctor.