Bereavement Leave Laws by State: Key US Protections Compared

State Bereavement and Paid-Leave Protections

As of 2026, state laws provide different bereavement-specific leave rights or require covered employers to let workers use paid leave for certain family deaths. Eligibility and the kind of protection differ:

California: Up to 5 days of unpaid leave for private employers with 5+ employees and state or local public entities. Employees can substitute accrued PTO or sick time. Covers spouse, children, parents, siblings, grandparents, grandchildren, and parents-in-law. If requested, documentation must be provided within 30 days of the first day of leave; the employer must keep the documentation confidential, subject to limited exceptions.

Illinois: FBLA provides up to 10 unpaid workdays per qualifying event for eligible employees of all public employers and private employers with 50+ employees who worked at least 1,250 hours in the prior 12 months. Leave must be completed within 60 days after notice; leave for multiple qualifying events is capped at 6 weeks in a 12-month period. It also covers miscarriage, stillbirth, unsuccessful reproductive procedures, failed adoption or surrogacy agreements, and diagnoses that negatively affect pregnancy or fertility. After a child's suicide or homicide, CEBLA provides 6 weeks for full-time employees of employers with 50–249 full-time employees in Illinois and 12 weeks at employers with 250 or more; the employee must have worked there at least 2 weeks. FBLA and CEBLA leave cannot both be used for the death of the same child.

Oregon: Up to 2 weeks per family member (4 weeks per year maximum) of unpaid leave under OFLA for eligible employees of employers with 25+ employees. Leave must be taken within 60 days after the employee learns of the death. An employer may request written information to verify eligibility within five business days after learning of the need, such as an affirmation that the leave is for a family member.

Vermont: Eligible employees may use up to 2 weeks from the 12-week family-leave bank in a 12-month period, with no more than 5 workdays taken consecutively. Employers with 10+ employees are covered; employee service and hours requirements apply.

Maryland: Employers with 15+ employees that provide paid leave must let employees use earned paid leave after the death of a covered immediate family member (child, spouse, or parent).

Minnesota: Covered employees can use accrued Earned Sick and Safe Time (ESST) for funeral arrangements, a funeral or memorial, or related financial or legal matters after a family death. ESST accrues at one hour per 30 hours worked, up to at least 48 hours a year; it is not a 12-week bereavement entitlement. An employer may request reasonable documentation after more than two consecutive scheduled workdays.

Washington: There is no general statewide bereavement-leave mandate for all employers. State civil-service employees covered by Title 357 WAC receive 5 paid days after a family or household member's death, including a parent-in-law, or for a qualifying pregnancy loss under WAC 357-31-250, effective July 1, 2025. Paid Family and Medical Leave may provide up to 7 calendar days of family leave after a child's death if the employee would have qualified for prenatal or postnatal medical leave for that birth, bonding leave within the first 12 months after birth, or bonding leave within the first 12 months after a child under 18 was placed in the employee's home or adopted. It does not cover the death of other family members.

How Many Days Off for Bereavement Is Typical?

In states without laws, the average employer policy provides:

• 3–5 days for the death of a spouse, child, or parent
• 1–3 days for the death of a sibling, grandparent, or in-law
• 0–1 days for extended family (aunts, uncles, cousins) or close friends

Some employers offer paid bereavement leave, often three to five days for immediate family. The Bureau of Labor Statistics reported that 60% of private-industry workers had access to paid funeral leave in 2012. But the duration is often inadequate for the administrative reality of a death — ordering death certificates, notifying institutions, securing property, and beginning probate can take 40 to 60 hours in the first month alone.

What Happens in States with No Law

Where no bereavement-specific state right applies, check local ordinances, other paid-leave laws, and your employer's policy. Options may include:

Employer policy: Check your employee handbook, HR portal, or union contract. Most mid-size and large employers provide some bereavement leave even without a legal requirement.

PTO or sick leave: You can request to use accrued paid time off. Most employers will approve this for a death even if their bereavement policy has been exhausted.

FMLA: Bereavement itself does not qualify. A grief-related health condition may qualify for up to 12 weeks of unpaid, job-protected leave if it meets the FMLA serious-health-condition criteria and the employee and employer meet the law's eligibility rules; a diagnosis alone is not enough.

Short-term disability: Some employer-sponsored disability plans cover mental health conditions triggered by grief, providing partial wage replacement beyond what PTO covers.

Federal Employees

Federal employees may use up to 104 hours (13 days) of sick leave each leave year for family care or bereavement purposes. For covered full-time employees, the first 40 hours are generally available for those purposes; up to 64 additional hours may be used if the employee maintains at least 80 hours of sick leave. This is a federal employee sick-leave rule, not a private-sector entitlement.

Beyond the Leave Days

Regardless of how many days your state or employer provides, the administrative demands of a death extend far beyond the leave period. Estate settlement averages 13 to 17 months. The Returning to Work After Bereavement toolkit maps every administrative deadline against your work calendar and includes phased return templates that help you negotiate ongoing flexibility with your employer.