What Is Bereavement Leave? US Policies, Rights, and How to Navigate Them
By CRYSTAL BAI •
The short answer: Bereavement leave in the US is largely unregulated at the federal level — there is no federal law requiring paid bereavement leave — leaving most employees dependent on their employer's policy, which varies widely and is often inadequate for the actual needs of grieving workers.
US Federal Law on Bereavement Leave
Unlike many developed countries, the United States has no federal law mandating bereavement leave. The Family and Medical Leave Act (FMLA) does not cover bereavement. A handful of states — Oregon, California, Illinois, Maryland, and Washington — have enacted paid bereavement leave laws. All other employees are dependent on their employer's policy.
Typical Employer Policies
Most US employers with formal bereavement policies provide 3–5 days for immediate family (spouse, child, parent, sibling) and 1–3 days for extended family. Many policies do not cover chosen family, pregnancy loss, or pet loss. Remote or part-time workers are often excluded.
How to Navigate Bereavement Leave
Review your employee handbook for the specific policy. If the policy is inadequate, you can request additional time using PTO, vacation, or FMLA (if the death triggers your own serious health condition). Document any medical treatment for grief-related health conditions if using FMLA.
What Adequate Bereavement Support Looks Like
Grief researchers suggest that 3–5 days is far too little for significant losses. Adequate bereavement support typically requires several weeks for acute grief and ongoing flexibility for the first year, particularly around anniversaries.
Frequently Asked Questions
Is bereavement leave required by law in the US?
No. The US has no federal law mandating bereavement leave. A few states — Oregon, California, Illinois, Maryland, and Washington — have enacted paid bereavement leave laws. All other employees depend on their employer's policy.
How much bereavement leave are US employees typically given?
Most US employers with bereavement policies provide 3–5 days for immediate family and 1–3 days for extended family. Many policies do not cover pregnancy loss, chosen family members, or pet loss.
Can I take FMLA for bereavement?
FMLA does not cover bereavement itself, but it can cover your own serious health condition — including grief-related depression or physical illness — that results from a death. Consult with HR about whether your situation qualifies.
Renidy connects grieving families with certified death doulas, funeral planners, and end-of-life guides. Find support at Renidy.com.