Bereavement leave is time off granted to employees following the death of a family member or close loved one. It gives them space to grieve, make arrangements, attend services, and begin processing their loss without worrying about their job.
Federal Law and Bereavement Leave
Here's what surprises many employers: federal law doesn't require you to provide bereavement leave at all. FMLA covers serious health conditions and caring for sick family members, but it doesn't specifically cover bereavement. Some states have begun requiring it, but most leave it to employer discretion.
That said, offering bereavement leave is good business. Employees dealing with grief while trying to work are neither productive nor focused. Providing time off demonstrates you value employees as humans, not just automatons filling shifts.
Typical Bereavement Leave Policies
Most businesses that offer bereavement leave provide 3 to 5 paid days off for the death of an immediate family member. What counts as immediate family varies, but typically includes:
- Spouse or domestic partner
- Children (including stepchildren and adopted children)
- Parents (including stepparents and in-laws)
- Siblings
- Grandparents
- Grandchildren
Some companies extend this to 1 to 3 days for extended family members like aunts, uncles, cousins, or close friends.
A restaurant might structure its policy like this: "Full-time employees receive three paid days off for the death of an immediate family member (spouse, child, parent, sibling). Part-time employees working 20+ hours per week receive three unpaid days. All employees may request additional unpaid time off if needed."
Crafting Your Bereavement Policy
Define Family Broadly
Traditional nuclear family definitions miss modern reality. Many employees are raised by grandparents, have close relationships with stepfamily, or consider chosen family as important as (or even more important than) blood relatives. Your salon employee who loses the aunt who raised her needs the same consideration as someone who loses a biological parent.
Some businesses solve this by allowing bereavement leave for "close family members" and letting employees define who that includes. Others use tiered structures with more days for closer relationships.
Consider Employee Status
Do part-time employees get bereavement leave? What about employees in their first 90 days? There's no legal requirement either way, but consistency matters. A grocery store with high part-time staffing shouldn't create a two-tiered system where only managers and full-time workers get bereavement leave. All of us need space with minimal distraction to grieve.
Specify Paid vs. Unpaid
Be clear about what's paid. Common approaches include:
- Full-time employees get paid bereavement leave; part-time gets unpaid
- Everyone gets paid leave after a waiting period (90 days, 6 months)
- Everyone gets the same paid benefit regardless of status
- Paid leave based on hours worked (employees working 30+ hours get paid leave)
Address Documentation
Most businesses handle bereavement leave on an honor system. Requiring a death certificate or funeral program feels invasive and untrusting during an already difficult time. That said, if you suspect abuse, you can require basic verification like an obituary or service program.
If you do require documentation, make it optional or only request it for extended leave. Your auto shop employee asking for three days after his father's death shouldn't have to prove it.
Allow Flexibility in Timing
Some employees want to work through grief and take leave later for a memorial service or to handle estate matters. Others need immediate time off. Your policy should accommodate both: "Bereavement leave should be taken within 30 days of the death or memorial service, whichever is later."
A retail worker whose mother dies across the country might need two days off immediately to travel for the funeral, then request another day two weeks later to handle estate paperwork.
Handling Bereavement Requests
Respond with Compassion
When an employee reports a death, your first response should be empathy, not policy. "I'm so sorry for your loss. Take the time you need, and we'll handle the schedule" is the right approach. Discussion of paperwork and specific return dates can wait.
Communicate Privately
Don't announce the details to the team. Your manager might tell the crew "Sarah had a family emergency and will be out this week," without sharing specifics unless Sarah wants them to.
Offer Extended Leave Options
Three days often isn't enough, especially if travel is involved or the employee is handling estate matters. Be prepared to offer:
- Additional unpaid time off
- Use of accrued PTO
- Potential FMLA coverage if the employee was caring for the deceased before death
- Temporary schedule reduction (working part-time for a few weeks)
A hotel housekeeper who loses a spouse might need two weeks, not three days. If she's been with you for years and is a reliable employee, accommodate her.
Plan for Coverage
Bereavement leave is usually unexpected. You need backup plans for critical shifts. Cross-training employees and maintaining a list of on-call workers helps. Breakroom's scheduling features let you quickly notify available employees when you need last-minute coverage.
When Bereavement Leave Extends Beyond Policy
Sometimes employees need more time than your policy provides. Maybe they're handling a complicated estate. Maybe the deceased was a child and grief is overwhelming. Maybe they're traveling internationally for services.
You have options:
Extended unpaid leave: Let them take a week or two without pay beyond your bereavement policy.
FMLA coverage: If the employee was caring for the family member before death, remaining FMLA time might apply for "complicated grief" or mental health treatment.
Temporary leave of absence: Some businesses offer a formal leave of absence of 30-60 days in extreme circumstances.
Flexible return: Let the employee come back part-time or on a reduced schedule while they adjust.
Be careful not to pressure employees to return before they're ready. A line cook who comes back too soon and makes mistakes because his mind is elsewhere isn't helping anyone.
Legal Considerations
Discrimination Concerns
Apply bereavement leave consistently. If you give your longtime manager a week off but only give a newer employee the standard three days for the same type of loss, you risk discrimination claims.
State and Local Laws
Some states now require bereavement leave. California, for example, requires employers with 5+ employees to provide up to 5 days of unpaid bereavement leave. Oregon mandates up to 2 weeks of bereavement leave. Check your state's requirements.
Interaction with Other Leave
If an employee is already on FMLA or another protected leave when a family member dies, bereavement leave usually doesn't count against FMLA time since it's a separate benefit.
Supporting Employees Beyond Time Off
Bereavement leave is just time. Consider what else helps:
- Send flowers or a card to the employee or to the service
- Organize a meal train if the team is close
- Offer flexibility in the first weeks back (easier shifts, reduced hours)
- Connect them with your EAP (Employee Assistance Program) if you have one
- Check in personally without being intrusive
If a barista loses a child suddenly, the coffee shop owner might close for a few hours so the entire team can attend the service together. That's supporting employees beyond just policy.
The Bottom Line
Bereavement leave is one of those policies that seems optional until you need it. Employees facing loss need time and space to grieve without worrying about their jobs. Businesses that handle bereavement leave with compassion build loyalty and trust that lasts years.
Your policy doesn't need to be elaborate. Three to five paid days for close family, clear communication, and genuine empathy will cover most situations. The goal is simple: let your people be human, especially when life is hardest.
