Is Bereavement Leave Paid? State-by-State Breakdown
The question you probably came here to answer: does your employer have to pay you while you take time off after a death in the family?
In most of the country, the answer is no. There is no federal law requiring paid bereavement leave. Among the six states that require bereavement leave at all, five allow the leave to be unpaid. Only Washington, starting July 1, 2026, will require employers to provide paid bereavement days.
That said, many employers voluntarily offer paid bereavement leave as part of their benefits package. The Bureau of Labor Statistics reports that roughly 70 percent of private-sector workers have access to paid bereavement leave through their employer, even in states that do not require it.
To check the rules in your state, use our bereavement leave lookup tool.
States that require bereavement leave (and whether it must be paid)
California: Up to 5 days. Not required to be paid. Employees may use accrued PTO, sick leave, or vacation time.
Illinois: Up to 10 days. Not required to be paid. Employees may use any accrued paid leave.
Oregon: Up to 2 weeks per death (4 weeks maximum per year). Not required to be paid. Employees may use accrued paid leave.
Washington: Up to 7 days. Paid through the state's Paid Family and Medical Leave program, effective July 1, 2026. This will be the only state requiring paid bereavement leave.
Maryland: No specific number of days. Employers must allow employees to use existing paid leave for bereavement. Not a standalone paid benefit.
Vermont: Drawn from the 12-week Parental and Family Leave entitlement. Not required to be paid. Employees may use accrued paid leave.
What about the other 44 states?
In the remaining states, there is no state law requiring bereavement leave at all, paid or unpaid. Whether you receive paid time off depends entirely on your employer's policy.
If your employer offers paid bereavement leave, the typical duration is 3 to 5 days for the death of an immediate family member and 1 to 3 days for extended family. These are general norms, not legal requirements. Your employer can offer more or less, and the definition of "immediate family" varies by company.
How to get paid during bereavement leave if your state does not require it
Check your employee handbook. Many employers offer paid bereavement leave as a voluntary benefit, even when the law does not require it. The details will be in your handbook, benefits portal, or employment agreement.
Use accrued PTO or sick time. If your employer does not offer a separate bereavement benefit, you can almost always use general PTO or vacation days. Some states specifically require employers to let employees use sick leave for bereavement.
Ask HR directly. If you cannot find a written policy, ask. Many employers will make case-by-case exceptions for bereavement, especially for the death of a close family member. A brief, direct conversation is usually enough.
Consider short-term disability. If grief is significantly affecting your ability to work, some short-term disability policies may apply. This is not common but worth checking if you have coverage and need extended time.
What the typical employer bereavement policy looks like
Most employers that offer paid bereavement leave follow a pattern like this: 3 to 5 paid days for the death of a spouse, child, parent, or sibling; 1 to 3 paid days for the death of a grandparent, grandchild, or in-law; unpaid time or PTO for other relationships.
Some larger companies offer more generous policies. A growing number of employers have moved toward 5 to 10 paid days for immediate family, recognizing that 3 days is rarely enough to handle funeral arrangements, travel, and the initial impact of grief.
The bottom line
Paid bereavement leave is not required in most of the United States. One state (Washington) will require it starting mid-2026. Five other states require bereavement leave but allow it to be unpaid. In every other state, it is up to your employer.
If you need to know exactly what applies in your state, check here.
Frequently asked questions
No. If your state law requires paid bereavement leave (currently only Washington, effective July 2026), your employer must comply. They cannot substitute unpaid leave for what the law requires to be paid.
If your employer offers a separate paid bereavement benefit, it typically does not reduce your PTO balance. If you are using PTO or sick time in place of a dedicated bereavement benefit, those hours will be deducted from your accrued balance.
When paid by the employer, bereavement leave is typically paid at your regular rate. Washington's paid bereavement leave through the PFML program will be paid according to the program's benefit formula, which is based on your wages but may not equal 100 percent of your regular pay.