What is bereavement leave?

Bereavement leave is time off after the death of a family member or someone close, for grieving, arranging and attending a funeral. Federal wage law does not require it to be paid, but some states require leave and most employers offer some.

In shortBereavement leave, also called funeral leave, is time off when an employee loses a family member or another close person. The Department of Labor explains that the Fair Labor Standards Act does not require payment for time not worked, including attending a funeral, and that this type of benefit is generally a matter of agreement between the employer and the employee or their representative. The FMLA’s qualifying reasons do not include bereavement itself. Some states and cities have their own bereavement leave laws, with different covered employers, lengths of leave and family definitions, so check the rules where employees work. A clear policy answers four questions: how many days, for which relationships, whether the days are paid, and what notice or documentation is expected.

What a bereavement policy should say

Parts of a bereavement leave policy
Item Common approach
Days for immediate family 3 days, sometimes 5 for a spouse, partner or child
Days for other relatives or close friends 1 day
Paid or unpaid Paid at the regular rate for scheduled shifts
Travel Extra unpaid days or PTO when the funeral is far away
Notice and documentation Notice as soon as possible; documentation only if truly needed

Define immediate family broadly enough to match your employees’ real families, including step relatives and partners. Use a bereavement leave request form so the record is consistent.

One week after a lossMonoffTuepaidWedpaidThupaidFriPTOSatPTOMonback3 x 8 x $18 = $432 bereavement pay, plus 2 PTO days
Paid bereavement days for scheduled shifts, with PTO for travel.

Worked example: a cook’s three paid days

3 shifts x 8 hours x $18

A line cook’s father dies on a Sunday. The restaurant’s policy gives 3 paid days for immediate family, paid for scheduled shifts, plus up to 2 unpaid days or PTO for travel.

He was scheduled Tuesday, Wednesday and Thursday for 8 hours each at $18 an hour. The bereavement pay is 3 x 8 x $18 = $432. The funeral is in another state, so he adds 2 days of PTO for travel.

His manager covers the shifts by posting them as open shifts, and the request and approval are recorded in one place. He is back the following Monday, and nobody had to ask him to prove anything.

Mistakes that are specific to bereavement leave

Handling it well on the day

The manager’s first response matters more than the policy wording. A short script helps: express sympathy, say the employee does not need to sort out details right now, confirm how many days the policy gives, and say who will handle the schedule. Paperwork can follow later.

Plan coverage without asking the grieving employee to find their own replacement. Post the shifts as open shifts or ask the team directly. When the employee returns, a brief check-in on their first day back, and flexibility over the following weeks, often matters as much as the leave itself.

Second example: a close friend, not a relative

A security guard’s closest friend dies. The company’s policy lists only immediate family and gives 1 day for other relatives. The guard asks for a day off for the funeral.

The manager approves 1 paid day under a policy clause allowing manager discretion for close relationships, and the guard uses a PTO day for travel. The company later updates the policy to include “a person with a relationship equivalent to family”, so the next decision does not depend on which manager is asked.

Approve first, paperwork laterWhen an employee calls with a death in the family, approve the time on the call and handle the form afterwards. That one decision is what people remember about how the company treated them.

Questions people ask

Is bereavement leave required by law?

Federal wage law does not require paid time off for a funeral, and the FMLA does not cover bereavement itself. Some states and cities do require bereavement leave.

How many days of bereavement leave are typical?

Many employers give 3 days for immediate family and 1 day for other relatives, with extra time for travel.

Is bereavement leave paid?

It depends on the employer’s policy and any state or local law. Many employers pay it for scheduled shifts.

Can an employer ask for proof of death?

Many policies allow it, but asking in every case can feel harsh. Ask only when there is a real reason.

Can bereavement leave be taken later than the death?

Many policies allow days to be used within a set window, such as 30 or 60 days, since funerals and memorials are not always held right away.

Does bereavement leave count toward attendance points?

Approved bereavement leave should be coded as approved leave and not counted as an attendance problem.

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More on this topic

Handle time off requests in one place

Employees request time off from their phone, managers approve or decline it, and every request keeps a dated record.

Disclaimer: What you read here about bereavement leave is general information, not legal, payroll or tax advice, so confirm the current rule where you operate; the examples are fictional.