What Is Bereavement Leave? Everything You Need to Know
If you are reading this, there is a good chance someone close to you has died, or you are worried about what happens at work if that day comes. Either way, you deserve a clear answer, not a 3,000-word HR policy document.
Here is the short version: 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. Most do not. Whether you are entitled to bereavement leave, how many days you can take, and whether any of it is paid depends on where you live and who you work for.
If you already know your state and just want the answer, use our bereavement leave lookup tool. It will tell you exactly what the law says where you are. If you want to understand how bereavement leave works across the country, keep reading.
Which states require bereavement leave?
As of early 2026, six states have laws requiring private employers to provide some form of bereavement leave. The specifics vary considerably.
California requires employers with 5 or more employees to provide up to 5 days of bereavement leave. The leave does not have to be paid, but employees may use accrued PTO, sick leave, or vacation time. The law took effect on January 1, 2023 under AB 1949.
Illinois requires FMLA-covered employers (50 or more employees) to provide up to 10 days of unpaid bereavement leave. Illinois also covers pregnancy loss events, including miscarriage and stillbirth. For the death of a child by suicide or homicide, employees at large employers may be entitled to up to 12 weeks under a separate law.
Oregon requires employers with 25 or more employees to provide up to 2 weeks of bereavement leave per death under the Oregon Family Leave Act. The maximum is 4 weeks in a leave year if more than one family member dies. Leave is unpaid but employees may use accrued paid time.
Washington is expanding bereavement leave significantly. Effective July 1, 2026, Senate Bill 5217 provides up to 7 paid bereavement days through the state's Paid Family and Medical Leave program. Washington will be the only state requiring bereavement leave to be paid.
Maryland does not grant standalone bereavement days, but the Flexible Leave Act requires employers with 15 or more employees to let workers use their existing paid leave (sick time, vacation, or compensatory time) for bereavement purposes.
Vermont expanded its Parental and Family Leave Act in 2025 to explicitly include bereavement as a qualifying reason for unpaid, job-protected leave. The leave draws from the employee's 12-week leave entitlement. Employers with 10 or more employees are covered.
In all other states, bereavement leave is not required by state law. That does not mean you will not get any time off. It means the decision is up to your employer.
You can check the rules for any state using our state-by-state bereavement leave lookup.
Is bereavement leave paid?
In most cases, no. Even in states that require bereavement leave, the law typically does not require it to be paid. California, Illinois, Oregon, Maryland, and Vermont all allow unpaid leave, with the option for employees to use accrued PTO or sick time to receive pay during their absence.
Washington will be the first state to require paid bereavement leave when its new law takes effect on July 1, 2026.
In states without a bereavement leave law, whether you receive paid time off depends entirely on your employer's policy. According to the Bureau of Labor Statistics, roughly 7 in 10 private-sector workers in the United States have access to paid bereavement leave through their employer, typically ranging from 3 to 5 days.
If you are unsure whether your employer offers paid bereavement leave, check your employee handbook, benefits portal, or ask HR directly. Many employers offer it even when the law does not require them to.
Who counts as "immediate family" for bereavement leave?
This is one of the most common questions, and the answer varies by state and by employer.
States with mandatory bereavement leave laws define a specific list of qualifying relationships. These lists almost always include a spouse, child, and parent. Most also include siblings, grandparents, grandchildren, and domestic partners. Some extend further to include parents-in-law, stepparents, and stepchildren.
California, for example, covers spouses, children, parents, siblings, grandparents, grandchildren, domestic partners, and parents-in-law. Illinois includes a similar list and also covers stepchildren and stepparents. Vermont has one of the broadest definitions, including anyone for whom the employee has caregiving responsibilities.
If your employer offers bereavement leave voluntarily, their policy defines the qualifying relationships. Some employers limit it to a narrow list. Others are more generous. If the person who died does not fit your employer's definition but was genuinely important to you, it is worth having a conversation with your manager or HR. Many employers will make exceptions, especially if you ask respectfully.
How long is bereavement leave?
Among states that require it, the duration ranges from 5 days in California to 10 days in Illinois and Oregon (which allows up to 2 weeks). Washington will provide 7 paid days starting in mid-2026.
Among employers that offer bereavement leave voluntarily, 3 to 5 days is the most common range. Some employers distinguish between "immediate family" (more days) and "extended family" (fewer days). A few larger companies offer longer periods, sometimes up to 2 weeks for the death of a spouse or child.
If the standard bereavement leave is not enough, you may be able to supplement it with accrued PTO, sick time, or vacation days. In some cases, your employer may allow unpaid leave beyond the standard bereavement period. If your employer has 50 or more employees, you may also qualify for unpaid, job-protected leave under the federal Family and Medical Leave Act, though FMLA does not specifically name bereavement as a covered reason.
What if your employer does not offer bereavement leave?
If your state has no bereavement leave law and your employer has no bereavement policy, you still have options.
Use accrued PTO or sick time. Most employers that offer PTO will allow you to use it for any reason, including bereavement. Some states require employers to let you use sick leave for bereavement purposes even if the employer does not offer a separate bereavement benefit.
Request unpaid time off. Even without a formal policy, many employers will grant a few days of unpaid leave for a death in the family. Put the request in writing and keep it brief and direct.
Check whether FMLA applies. If your employer has 50 or more employees and you have worked there for at least 12 months, you may qualify for unpaid leave under the Family and Medical Leave Act. FMLA covers a "serious health condition" for you or a family member, and grief-related conditions may qualify in some circumstances. This is not a guaranteed path, but it is worth discussing with HR or an employment attorney if you need extended time.
Ask about an employee assistance program (EAP). Many employers offer EAPs that provide free, confidential counseling. Some EAPs can also help you navigate time-off requests.
Can your employer fire you for taking bereavement leave?
In states with mandatory bereavement leave laws, your employer generally cannot retaliate against you for taking the leave you are entitled to. Retaliation includes firing, demotion, reduction in hours, or any other adverse action taken because you exercised your legal right to bereavement leave.
In states without a bereavement leave law, the answer is more complicated. If you are in an at-will employment state (49 of the 50 states), your employer can generally terminate you for any legal reason. However, they cannot fire you for a discriminatory or retaliatory reason, and some employer policies create implied obligations.
If you believe you were terminated or disciplined for taking time off after a death in your family, consider consulting an employment attorney. Many offer free initial consultations, and the facts of your specific situation matter.
Tips for requesting bereavement leave
Notify your employer as soon as you can. You do not need to have all the details figured out. A brief message to your manager and HR letting them know what happened and that you will need time off is enough to start.
Put it in writing. Even if you call first, follow up with an email or message that documents the request, the dates, and any response you receive.
Know your state's law before the conversation. If your state requires bereavement leave, you are not asking for a favor. You are exercising a legal right. Our lookup tool can tell you exactly what you are entitled to in under 10 seconds.
Keep documentation if asked. Some states and employers allow the employer to request reasonable documentation, such as a death certificate, obituary, or memorial program. This is standard practice and not something to take personally.
Bereavement leave for federal employees
Federal employees have separate bereavement provisions. Most federal workers may use up to 104 hours (13 days) of accrued sick leave per year for bereavement purposes, including making arrangements and attending the funeral of a family member. The qualifying family member list for federal employees is broader than most state definitions. Federal employees should consult their agency's leave policy for specifics.
The bottom line
Bereavement leave is still a patchwork in the United States. Six states require some version of it, but the details vary widely. In most of the country, whether you get time off after a death in your family depends on your employer's policy.
If you need to know what applies to you right now, check your state here. The tool takes less than 10 seconds and will tell you exactly what the law says where you live.
Whatever brought you to this page, we hope you find the answer you need. And if you are grieving, take the time you need. The work will still be there.
Frequently asked questions
No. There is no federal law that requires private employers to provide bereavement leave. The Family and Medical Leave Act (FMLA) does not specifically cover bereavement. Bereavement leave requirements, where they exist, are set by individual state laws.
FMLA does not specifically list bereavement as a qualifying reason for leave. However, if you develop a serious health condition related to grief (such as severe depression), you may qualify for FMLA leave on that basis. This is not guaranteed and depends on the specific circumstances. Discuss your situation with HR or an employment attorney.
No state bereavement leave law covers the death of a pet. Some employers offer pet bereavement leave as a voluntary benefit, but this is uncommon and entirely at the employer's discretion.
In most states and under most employer policies, yes. Employers can generally request reasonable documentation such as a death certificate, obituary notice, or funeral program. California specifically allows employers to request documentation. This is standard practice and not unusual.
In most states, no. Illinois is a notable exception. Its bereavement law explicitly covers pregnancy loss events, including miscarriage, stillbirth, unsuccessful assisted reproduction, failed adoption, and other reproductive losses. If you are in a state without such coverage, you may still qualify for sick leave or FMLA leave depending on the medical circumstances.
In the United States, "bereavement leave" and "compassionate leave" generally refer to the same thing: time off following a death. "Compassionate leave" is more commonly used in the UK, Australia, and other countries. Some US employers use the terms interchangeably. If your employer's policy refers to "compassionate leave," it likely functions the same way as bereavement leave.