Losing loved ones makes it difficult to work. To support grieving employees, some states have introduced bereavement laws, which provide dedicated time off for individuals processing the death of a loved one. Understanding these laws is critical to ensure compliance and to foster a supportive work culture.
Here’s an overview of current bereavement leave laws and what they mean for employers and employees.
In This Article
What Are Bereavement Leave Laws?
Bereavement leave laws dictate the amount of time an employer must offer employees to grieve the loss of a loved one. No federal law mandates bereavement leave for private-sector employees, but some states have minimum requirements. In states without bereavement leave laws, it’s up to each company to determine its own policy.
Ensuring employees understand their bereavement rights can provide additional security during trying times. Employers in states that incorporate bereavement leave in sick leave policies should post notices to inform employees of their rights. HR departments and managers need to stay updated on these laws to ensure legal compliance. Working with a poster compliance partner can help.
Bereavement Laws by State
Several states have formalized bereavement leave requirements for private employers, while others allow employees to take advantage of paid leave for funerals, memorials, and other loss-related purposes.
1. California
California law requires up to five days of bereavement leave for companies with five or more employees. This leave type is separate from other protected leave types and can be paid or unpaid, depending on the company’s policies. Eligible employees can also use other paid leave types if the employer does not offer paid bereavement leave. An all-in-one state poster informs employees of the leave benefits they are entitled to.
Eligible employees must have been working for the company for at least 30 days. Employees can take leave due to the passing of their:
- Spouse
- Child
- Parent
- Sibling
- Grandparent
- Grandchild
- Domestic partner
- Parent-in-law
The five-day allowance applies to each family member. Companies can allow bereavement or funeral leave for others not on the list.
2. Colorado
Colorado doesn’t have a specific bereavement leave policy, but bereavement is covered under the Healthy Families and Workplaces Act (HFWA). All private employers, regardless of size, must allow employees to use their accrued paid sick leave for bereavement. During this time, employees may grieve, attend the memorial or funeral services, and handle financial and legal obligations resulting from their loved one’s death. Employees must use paid sick leave in hourly increments, unless their company allows smaller increments.
Employees should also try to provide an advance notice. Employers may require documentation if the paid sick leave lasts for more than three consecutive workdays. An all-in-one Colorado poster can help employees understand how benefits work.
Covered family members include:
- Spouse or domestic partner
- Child
- Parent
- Sibling
- Grandparent
- Grandchild
- Anyone who has a bond that creates a family-like relationship with the employee
3. Illinois
The Family Bereavement Leave Act (FBLA) requires up to 10 workdays of unpaid bereavement leave from employers with 50 or more employees. Within a 12-month period, employees can have up to six weeks of leave or three qualifying events. They must take leave within 60 days of receiving notice of their loved one’s death. They must also notify their employer at least 48 hours before they take the leave, if reasonable.
Eligible employees must have been working with the company for at least 12 months with 1,250 service hours. Companies covered by the Family and Medical Leave Act (FMLA) must comply with the FBLA requirements. The Child Extended Bereavement Leave Act provides additional leave for the loss of a child.
Employees can take leave due to the passing of their:
- Child or stepchild
- Spouse or domestic partner
- Sibling
- Parent or stepparent
- Parent-in-law
- Grandchild
- Grandparent
Bereavement leave is unpaid, but employees can use employer-provided paid bereavement leave, if available. An all-in-one Illinois poster lets employees know more about their leave benefits, such as what’s included in the Paid Leave for All Workers Act and what FMLA entails.
4. Maryland
The state’s Flexible Leave Act requires companies with 15 employees or more that already offer paid leave to allow employees to use their leave for bereavement, such as through sick leave, compensatory time or vacation time. Employees can only use earned benefits. Covered family members are the parent, child or spouse of an employee. Like other states, an all-in-one poster covering Maryland’s laws informs employees how leave benefits work.
5. Minnesota
Minnesota’s earned sick and safe time law allows employees to make funeral arrangements or attend memorials. It also gives employees time to address financial or legal matters that arise after the death of a family member.
Eligible employees include those who work at least 80 hours a year. Companies can offer such benefits at the same time increments they pay employees. Employees can advance these benefits based on their anticipated hours but must provide reasonable documentation if they miss more than two consecutive workdays. The required Minnesota posters let employees know about their rights.
Employees can take a leave for the passing of their:
- Child
- Spouse
- Sibling
- Parent
- Grandchild
- Grandparent
- Sibling’s child
- Parent’s sibling
- Blood-related individuals
- Relationship equivalent to a family relationship
- One individual designated by the employee
These relationships include foster, step, adoptive and biological relationships. The law allows one individual designation annually.
6. Oregon
The Oregon Family Leave Act (OFLA) requires companies with 25 employees or more to provide bereavement leave. Employees must take it within 60 days of the death. This leave is capped at two weeks per covered family member, and a maximum of four weeks per leave year. Eligible employees must have worked with the company for an average of 25 hours per week for 180 days.
Covered family members include:
- Spouse or domestic partner
- Child
- Parent or parent-in-law
- Sibling
- Grandparent
- Grandchild
- Any individual related by blood or affinity
7. Washington
In Washington, employees are entitled to up to five days of paid bereavement leave. They may also use other accrued paid leave, such as compensatory time, sick leave, holiday credit, vacation leave or a personal holiday. Displaying Washington’s required posters informs employees of their leave benefits.
Companies may need to verify the reasons for paid bereavement leave and approve the use of other benefits. Employees can also take leave without pay. Covered family members include:
- Child
- Parent
- Sibling
- Parent-in-law
- Spouse or domestic partner
- Grandparent
- Grandchild
A child may be biological, foster, adopted, step or legal ward. The employee may also be acting as the child’s parent or serving as a legal guardian. When using accrued sick leave, paid bereavement leave covers the passing of individuals employees care for in their home.
Poster Compliance Center Can Help You Comply With State Bereavement Laws
Understanding state bereavement leave laws is crucial for companies to remain compliant and compassionate. While tracking these laws is essential, companies can proactively create a supportive environment. For example, HR may implement bereavement leave policies, even in states without specific laws. Empathy-driven policies that provide flexible leave options and access to grief support resources can increase employees’ trust.
Displaying the state’s required posters should help. Employees learn about their rights, and companies remain compliant with labor law requirements. Larger companies can opt for corporate compliance solutions for easier poster management. Contact us today to learn more about poster compliance and how we can help.
