Bereavement leave laws by state vary sharply: only California, Oregon, and Illinois require employers to provide dedicated bereavement leave after a death in the family, while Colorado, Maryland, Minnesota, and Washington require that certain paid leave already earned be usable for bereavement purposes. In every other state, bereavement leave is left entirely to the employer’s own policy.
States That Require Dedicated Bereavement Leave
Three states have standalone bereavement leave statutes. Each creates a fresh right to time off tied specifically to a death, separate from any sick time or vacation the employee has already accrued.
California
Employers with five or more employees must grant up to five days of bereavement leave when an eligible employee loses a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. The employee must have worked for the employer at least 30 days before taking the leave. The five days do not have to be consecutive, but they must be completed within three months of the death. The leave can be unpaid, though employees may substitute any accrued paid time off.1Civil Rights Department. Bereavement Leave FAQ
Oregon
The Oregon Family Leave Act covers employers with 25 or more employees. Eligible workers can take up to two weeks of bereavement leave per family member’s death, capped at four weeks total in a single leave year. The leave must begin within 60 days of learning of the death.2State of Oregon: BOLI. Oregon Family Leave Act – For Workers Oregon’s definition of family member is unusually broad. Beyond the usual relatives, it reaches anyone whose close association with the employee is equivalent to a family relationship.3Oregon State Legislature. Oregon Revised Statutes 659A.162 – Length of Leave The leave itself is unpaid, but employees may use accrued sick time during it.
Illinois
The Family Bereavement Leave Act provides up to two weeks (10 workdays) of unpaid leave after the death of a covered family member: a child, stepchild, spouse, domestic partner, sibling, parent, parent-in-law, grandchild, grandparent, or stepparent.4Illinois General Assembly. 820 ILCS 154 – Family Bereavement Leave Act The same law also covers reproductive loss events like miscarriage, stillbirth, and failed adoption. Leave must be completed within 60 days of receiving notice of the death. Eligibility follows FMLA standards: the employer must have at least 50 employees, and the employee must have worked there for at least 12 months and logged at least 1,250 hours in the prior year.5Illinois Department of Labor. Family Bereavement Leave Act FAQs If more than one covered family member dies within a 12-month period, employees can take up to six weeks total.
States Where Paid Leave Must Be Available for Bereavement
A separate group of states doesn’t create new bereavement leave, but requires that paid sick time or family leave benefits already available to workers can be used after a death. The practical difference matters. These laws don’t add days to your leave bank. They stop your employer from telling you that grieving, arranging a funeral, or handling estate paperwork isn’t a valid reason to use time you’ve earned.
Colorado
The Healthy Families and Workplaces Act requires every employer to provide at least one hour of paid sick leave for every 30 hours worked, up to 48 hours per year.6Department of Labor and Employment. Wage and Hour Laws (Including Paid Sick Leave) Employers must allow employees to use that accrued sick time to grieve, attend funeral or memorial services, or deal with financial and legal matters arising from a family member’s death.7Department of Labor and Employment. Colorado Healthy Families and Workplaces Act
Maryland
Under the Flexible Leave Act, private employers with 15 or more employees who already provide paid leave must let workers use that earned paid leave for bereavement following the death of an immediate family member, defined as a child, spouse, or parent.8Maryland General Assembly. Maryland Labor and Employment Code 3-802 The law does not create new paid leave or require employers to offer paid leave in the first place. It prevents employers who do offer it from refusing to let employees use it for bereavement.9Maryland Department of Labor. Employees and Employers – Important Guidelines
Minnesota
Minnesota’s Earned Sick and Safe Time law, effective since January 2024, requires employers to let employees accrue one hour of paid sick leave per 30 hours worked, up to 48 hours per year. Workers can use this time to attend funeral or memorial services, make arrangements, or handle financial and legal matters after a family member’s death.10Minnesota Department of Labor and Industry. Earned Sick and Safe Time (ESST) Minnesota’s separate Paid Family and Medical Leave program, which began paying benefits in 2026, does not cover bereavement.
Washington
Washington’s paid family and medical leave program includes a narrow bereavement provision: eligible employees may use family leave benefits for seven days following the death of a child. The provision does not cover the death of any other family member, and it applies only to deaths occurring after the law took effect in June 2022.11Washington State’s Paid Family and Medical Leave. What Is Family Leave for the Loss of a Child?
There Is No Federal Bereavement Leave Right
Federal law does not require any employer to provide bereavement leave, paid or unpaid. The Fair Labor Standards Act does not require pay for time not worked, including time spent attending a funeral.12U.S. Department of Labor. Funeral Leave The Family and Medical Leave Act, which people often assume covers grief, does not. FMLA’s qualifying reasons are limited to caring for a newborn, placement of a child for adoption or foster care, caring for a spouse or parent with a serious health condition, and the employee’s own serious health condition.13Office of the Law Revision Counsel. 29 U.S. Code 2612 – Leave Requirement
Two federal laws can still produce leave rights that overlap with bereavement in specific situations. If an employee’s sincerely held religious beliefs require participating in specific funeral rites or mourning practices, Title VII of the Civil Rights Act requires the employer to provide a reasonable accommodation, such as a schedule adjustment, unless doing so creates an undue hardship.14U.S. Equal Employment Opportunity Commission. Fact Sheet – Religious Accommodations in the Workplace Separately, when a death triggers a clinically diagnosable condition like major depression, the Americans with Disabilities Act may require additional unpaid leave as a reasonable accommodation, even after other leave is exhausted, so long as it does not create an undue hardship for the employer.15U.S. Equal Employment Opportunity Commission. Employer-Provided Leave and the Americans with Disabilities Act This path won’t reach ordinary grief; it requires a diagnosis that meets the ADA’s definition of disability.
What Happens in States With No Bereavement Leave Law
In most states, bereavement leave is entirely up to the employer. Mid-size and large companies typically offer three to five paid days off for the death of an immediate family member such as a spouse, parent, or child, with fewer days for extended family. Policies live in the employee handbook and usually spell out which relationships qualify, how many days apply to each, and whether documentation is required.
Some employers offer only unpaid bereavement leave, or require employees to draw from accrued vacation or personal time. Others are more generous, offering a week or more of paid leave with additional unpaid time on request. Because the variation is so wide, checking your own company’s policy is the single most useful step to take before you need the leave. Unionized workers should review their collective bargaining agreement, which may contain enforceable bereavement provisions that go beyond the employer’s general handbook.
Retaliation and Wrongful Termination
In states that mandate bereavement leave, employers generally cannot fire, demote, cut pay, or otherwise punish an employee for taking that leave. Retaliation for exercising a right under state labor law can be reported to your state’s labor department.16USAGov. Wrongful Termination California’s bereavement leave law explicitly requires employers to keep any documentation an employee submits confidential, limiting disclosure to internal personnel, legal counsel, or situations required by law.1Civil Rights Department. Bereavement Leave FAQ
Even in states without a specific law, an employer who fires you for attending a funeral could face legal risk if the termination violates a collective bargaining agreement, an employment contract, or a religious accommodation obligation under Title VII. Filing a complaint with your state labor agency is the standard first step, followed by consulting an employment attorney if that route doesn’t resolve the issue.
How to Request Bereavement Leave
Notify your supervisor or HR department as soon as possible, ideally by phone or email so there is a record. Most employers understand that a death arrives without warning, and formal advance notice is rarely expected. State laws requiring bereavement leave typically don’t impose strict pre-approval steps, but your company may have its own notification procedure in the handbook.
Employers can ask for documentation confirming the death. Common requests include a death certificate, an obituary, or a program from the funeral service. If your employer requires documentation, ask what form they will accept before ordering certified copies you may not need for work purposes.
Before the leave begins, clarify how the time off will be categorized: fully paid bereavement leave, unpaid leave, or a draw from accrued vacation or sick time. That answer affects your paycheck and your remaining leave balance. In states like Oregon and Illinois that require unpaid bereavement leave, using accrued sick time concurrently is the main way to stay in paid status during the absence.2State of Oregon: BOLI. Oregon Family Leave Act – For Workers