Am I required to provide my employees with Bereavement Leave?
Bereavement leave is not required under federal law, but certain states and local jurisdictions do mandate that employers provide bereavement leave. Here's an overview:
Federal Law
No federal requirement: The Fair Labor Standards Act (FLSA), which governs many aspects of employment, does not require employers to provide bereavement leave, whether paid or unpaid. This means that, under federal law, employers are not obligated to give time off for grieving the loss of a loved one.
State and Local Laws
Some states have enacted laws requiring bereavement leave, and the specifics of these laws vary:
Oregon:
Requirement: Oregon mandates up to 2 weeks of unpaid bereavement leave for employees who have suffered the death of a family member. This leave must be taken within 60 days of learning of the family member’s death.
Eligibility: Applies to employees of companies with 25 or more workers. The employee must have worked for the employer for at least 180 days.
Illinois:
Child Bereavement Leave Act: Employers with 50 or more employees must provide 2 weeks of unpaid leave for employees grieving the loss of a child.
Expanded in 2023: Now includes the death of other family members such as spouses, parents, and siblings.
California:
New as of 2023: California requires employers with 5 or more employees to provide up to 5 days of bereavement leave. This leave can be unpaid unless the employer offers paid time off.
Who it covers: Covers immediate family members such as spouses, children, parents, siblings, grandparents, and domestic partners.
Other States: A few other states, such as Massachusetts, allow for bereavement leave under certain circumstances but do not mandate it across all employers.
Company Policies
Voluntary Bereavement Leave: Many employers choose to offer bereavement leave as part of their benefits package, even if it’s not required by law. These policies can vary in terms of duration and whether the leave is paid or unpaid.
Customary Leave: Bereavement leave typically ranges from 3 to 5 days, depending on the relationship to the deceased and company policy.
Key Takeaway:
If your business operates in a state with mandatory bereavement leave laws (like Oregon, Illinois, or California), you must comply with the specific requirements.
If your state does not mandate bereavement leave, you are not required to provide it, but many employers offer it as a benefit.
Check your state laws or consult an employment attorney to determine if your business falls under any specific bereavement leave requirements.
This Q&A does not constitute legal, accounting, or tax advice and
does not address state or local law.
