Bereavement Leave

What is Bereavement Leave?

Bereavement Leave or Time off is a provision given to employees when they experience the unfortunate event of a close family member's passing.

This time off from work, which is also known as funeral leave, allows the employee to manage the numerous responsibilities and emotional turmoil that follows such a loss.

This can encompass everything from grieving, planning or attending the funeral, and dealing with legal affairs, to simply spending time with family during a tough time.

Company policies regarding bereavement leave can be wide-ranging, from specific allocated days to more flexible arrangements. An employer's policy should ideally be laid out in the company's employee handbook, which should detail the parameters of eligibility and leave duration.

Who is considered immediate family for bereavement leave?

Typically, bereavement leave covers immediate family members such as:

• Spouses or domestic partners
• Children, including biological, adopted, stepchildren, or foster children
• Parents, including biological, adoptive, step-parents, or foster parents
• Siblings, including full, half, and stepsiblings

However, many employers also extend bereavement leave to cover the loss of other close family members such as:

• Grandparents and grandchildren
• Aunts and uncles
• Nieces and nephews
• Cousins
• In-laws (mother, father, siblings, children)

Some employers may also consider the significance of other relationships on a case-by-case basis. For instance, they might grant bereavement leave for the loss of a close friend or a non-relative who stood in a familial role to the employee.

How much time is typically allowed for Bereavement Leave?

There is significant variation in the duration of bereavement leave among different employers. Many employers offer one to five days of leave. Certain factors like the relationship of the deceased to the employee and the geographical distance between the employee and the location of the funeral or memorial service may influence the duration of the leave.

Is Bereavement Leave paid or unpaid?

The classification of bereavement leave as paid or unpaid is typically a company-specific decision. Some employers provide fully paid time off, while others might only offer unpaid leave or a mix of both. Employees might have the option to use accrued vacation days or sick leave if the bereavement leave provided does not suffice.

How to request Bereavement Leave?

As soon as possible following the death of a close family member, employees should inform their immediate supervisor or HR department. Depending on the company policy, the request may need to be in writing. It is also common for companies to request some form of documentation, such as a death certificate or obituary, to verify the need for the leave.

What laws govern Bereavement Leave?

There are no federal laws in the United States that require employers to provide bereavement leave, either paid or unpaid. The Fair Labor Standards Act (FLSA) does not mandate employers to provide time off for holidays following the loss of a loved one. Similarly, the Family and Medical Leave Act (FMLA), which provides up to 12 weeks of unpaid leave for certain family and medical reasons, does not specifically address this type of leave.

However, some states have laws addressing bereavement leave. For instance, in Oregon, eligible employees are entitled to take a protected leave of up to two weeks for the death of a family member.

Moreover, public-sector employees may have access to bereavement leave if it is specified in a collective bargaining agreement. Some employers also voluntarily offer bereavement leave as part of their benefits package to support their employees and foster a compassionate work environment.

Employees should consult their company's policies or human resources department for information specific to their situation. It's also recommended to consult local and state laws, as well as collective bargaining agreements, if applicable.

Can an employer refuse Bereavement Leave?

While there is no federal requirement for providing leave for bereavement, most companies choose to include it as part of their benefits structure. Refusing such a leave could potentially harm the relationship between the employer and their staff, and possibly create a negative image of the organization.

Although not legally required at a federal level, time off for dealing with the loss of a loved one is viewed as an essential part of a holistic employee welfare program. This period allows employees to deal with the complex situations that arise due to the passing of a close relative. Employers are encouraged to establish clear guidelines about this policy to ensure staff members understand their entitlements and the steps to take during such trying times