Bereavement Leave Laws by State
A comprehensive guide to bereavement leave laws across all 50 U.S. states. Learn which states mandate bereavement leave and what protections exist for employees.
Key Takeaways
- • No federal law requires bereavement leave in the U.S.
- • Only a few states have enacted bereavement leave laws
- • Most bereavement leave policies are employer-determined
- • Many employers offer 3-5 days for immediate family
Federal Bereavement Leave Law
There is no federal law in the United States requiring private employers to provide bereavement leave. The Family and Medical Leave Act (FMLA) does not cover bereavement, though employees may qualify for FMLA leave if they develop a serious health condition related to grief.
Federal employees may receive up to 3 days of paid funeral leave for immediate family members under the Federal Employees' Compensation Act, but this does not apply to private sector workers.
States with Bereavement Leave Laws
A small but growing number of states have enacted laws requiring some form of bereavement leave:
California (AB 1949)
Effective January 1, 2023
- • Up to 5 days of unpaid bereavement leave
- • Applies to employers with 5+ employees
- • Covers spouse, child, parent, sibling, grandparent, grandchild, domestic partner
- • Must be taken within 3 months of death
- • Job-protected leave
Oregon (OFLA)
Oregon Family Leave Act
- • Up to 2 weeks of bereavement leave
- • Applies to employers with 25+ employees
- • Unpaid but job-protected
- • Must be taken within 60 days of death
Illinois (Child Bereavement Leave Act)
For loss of a child
- • Up to 2 weeks of unpaid leave for loss of a child
- • Applies to employers with 50+ employees
- • Must be taken within 60 days
- • Job-protected leave
Maryland
Sick Leave for Bereavement
- • Employees can use earned sick leave for bereavement
- • No separate bereavement leave mandate
- • Sick leave law requires employers to allow this use
States Without Bereavement Leave Laws
The majority of U.S. states do not have laws requiring bereavement leave. In these states, bereavement leave policies are entirely at the employer's discretion. However, many employers voluntarily offer bereavement benefits.
Typical Employer Policies in Non-Mandate States
Large Companies
- • 3-5 days paid for immediate family
- • 1-3 days for extended family
- • Often allow PTO extension
Small Companies
- • 1-3 days paid or unpaid
- • Policies may be informal
- • Often decided case-by-case
Employee Rights and Protections
Even without specific bereavement leave laws, employees may have some protections:
- Employment contracts: Your contract may guarantee bereavement leave
- Collective bargaining agreements: Union contracts often include bereavement provisions
- Company policy: Written policies may be legally enforceable
- FMLA: If grief causes a serious health condition, FMLA may apply
- ADA: If grief triggers a disability, accommodations may be required
All 50 States at a Glance
Click any state to use our bereavement leave calculator with state-specific information.
States with bereavement leave laws highlighted in green
Calculate Your Bereavement Leave
Use our calculator to estimate your bereavement leave based on your state's laws and typical employer policies.