Bereavement Leave Rights: What Your Employer Must (and Doesn't Have To) Provide
The Federal Picture: There Is No Federal Bereavement Leave Law
No US federal law requires private employers to provide bereavement leave of any kind — paid or unpaid. FMLA covers serious health conditions but not bereavement itself. Federal employees may use up to 104 hours (13 days) of sick leave each leave year for family care or bereavement purposes. This is a federal employee sick-leave rule, not a private-sector entitlement.
Your rights at the federal level are limited to protections against discrimination (you cannot be fired for a reason related to a protected class) and any leave provided in your employment contract or collective bargaining agreement.
State-by-State Protections
As of 2026, several states provide a bereavement-specific right or require covered employers to let workers use paid leave after certain family deaths:
| State | Leave Duration | Paid/Unpaid | Employer Size Threshold |
|---|---|---|---|
| California | 5 days per qualifying death | Unpaid (can use PTO) | Private employers with 5+ employees; state and local public entities |
| Illinois | FBLA: up to 10 days; CEBLA: 6 weeks (50–249) or 12 weeks (250+) after a child's suicide or homicide | Unpaid | FBLA: all public employers and private employers with 50+ employees; 1,250 hours in prior 12 months; CEBLA: full-time, 2 weeks' service, employer has 50+ full-time Illinois employees |
| Oregon | 2 weeks per family member; 4 weeks/year max | Unpaid (can use PTO) | 25+ employees |
| Vermont | Up to 2 weeks from the 12-week bank per 12 months; max 5 consecutive workdays | Unpaid; accrued paid leave may be used | 10+ employees; employee service and hours requirements apply |
| Maryland | Use accrued leave after death of a child, spouse, or parent | Paid via accrued leave | 15+ employees if employer provides paid leave |
| Minnesota | Accrued ESST may be used for funeral arrangements, a funeral or memorial, or related financial or legal matters after a family death | Paid at base rate | Employees anticipated to work at least 80 hours/year in Minnesota; accrues at 1 hour per 30 hours worked, up to at least 48 hours/year |
Washington has no general statewide bereavement-leave mandate for all employers; check local ordinances and employer policy. State civil-service employees covered by Title 357 WAC receive five paid days after a family or household member's death, including a parent-in-law, or for qualifying pregnancy loss under WAC 357-31-250, effective July 1, 2025. PFML may provide up to seven 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 other family deaths. Where no bereavement-specific state right applies, check other paid-leave laws and your employer's policy. Many employers offer three to five days for immediate family, often with less time for extended relatives.
In Illinois, FBLA and CEBLA leave cannot both be used for the death of the same child.
What Your Employer Cannot Do
Even in states without bereavement leave laws, employers face legal constraints:
Retaliation: Federal and state laws prohibit retaliation for exercising rights protected by those laws, including qualifying FMLA leave. Demotions, negative performance reviews timed to protected leave, or termination shortly after you return can constitute retaliation. A company policy or contract may also protect leave under its own terms.
Discrimination: If your employer grants bereavement leave to some employees but denies it to others based on race, gender, religion, or another protected characteristic, that is illegal discrimination under Title VII and state equivalents.
Interference with FMLA: If your grief qualifies as a serious health condition under FMLA, your employer cannot discourage you from applying, pressure you to return early, or count FMLA absences against you in performance evaluations.
Free Download
Get the Returning to Work After Bereavement — Quick-Start Checklist
Everything in this article as a printable checklist — plus action plans and reference guides you can start using today.
UK and Commonwealth Protections
United Kingdom: In Great Britain, the Employment Rights Act 1996 provides a right to reasonable unpaid time off for emergencies involving dependants; Northern Ireland has a parallel right under the Employment Rights (Northern Ireland) Order 1996. In Great Britain, a qualifying parent can take up to two weeks of Parental Bereavement Leave from their first day of employment after a child under 18 dies or a stillbirth occurs after 24 weeks. Leave must finish within 56 weeks. Statutory Parental Bereavement Pay is separate and, from 6 April 2026, is £194.32 a week or 90% of average weekly earnings, whichever is lower, for eligible employees. Northern Ireland has separate eligibility rules. ACAS guidelines recommend employers go beyond the statutory minimum.
Canada: Federally regulated employees can take up to 10 days for an immediate-family death; the first 3 days are paid after 3 months of continuous employment. After a child's death, an eligible employee may take up to 8 weeks within 12 weeks after the latest funeral, burial, or memorial. Provincial rules include two unpaid days in Ontario and five days in Quebec, two with pay.
Australia: The National Employment Standards provide two paid days of compassionate leave per occasion for full-time and part-time employees; casual employees receive two unpaid days.
When Your Employer Offers Nothing
If you work where no bereavement-specific state right applies and your employer provides no policy, request time off in writing using accrued PTO or sick leave. If those are exhausted, a healthcare provider can evaluate whether a grief-related health condition meets FMLA criteria. Document every communication.
The Returning to Work After Bereavement toolkit includes state-specific leave summaries and ready-to-use email templates for requesting leave, extensions, and accommodations — so you spend your limited cognitive energy on grieving, not on drafting HR emails.
Get Your Free Returning to Work After Bereavement — Quick-Start Checklist
Download the Returning to Work After Bereavement — Quick-Start Checklist — a printable guide with checklists, scripts, and action plans you can start using today.