Are You Entitled to Time Off When Someone Dies? Bereavement Leave Explained

When someone dies, one of the first practical questions is whether you can take time off, and whether you’ll be paid for it. Many people assume the law guarantees it. In most of the country, it doesn’t. Here’s what’s actually required, what usually happens in practice, and where to look.

Does federal law require bereavement leave?

No. No federal law requires private employers to give employees time off after a death. The federal Family and Medical Leave Act (FMLA) is often assumed to cover it, but it doesn’t. Oregon’s labor agency states this plainly, noting that the FMLA does not cover bereavement; it provides protected leave for the serious health condition of the employee or certain family members. The Department of Labor’s FMLA fact sheet describes the reasons the law does cover: an employee’s own serious health condition, a family member’s serious health condition, and certain military and birth or adoption situations. See can you use sick leave, PTO, or FMLA to grieve?

What do states require?

A few states have gone further. Based on state agency pages where we could check them, and an April 2025 overview of state bereavement laws submitted to a Vermont legislative committee:

• California requires employers with five or more employees to allow up to five days of bereavement leave after the death of a covered family member, taken within three months, for employees who have worked at least 30 days. It’s unpaid unless you use other paid leave, according to the California Civil Rights Department
• Illinois requires employers covered by the federal FMLA to allow up to two weeks (10 workdays) of unpaid bereavement leave, within 60 days, for employees who meet service requirements, according to the Illinois Department of Labor
• Oregon requires employers with 25 or more employees to allow up to two weeks of unpaid leave per family member, with a maximum of four weeks in a leave year, according to Oregon’s labor agency
• Maryland, Vermont, and Washington have more limited or newly changed rules; other states, such as Colorado and Minnesota, allow paid sick leave to be used for bereavement
• Texas and most other states have no state requirement and leave it to the employer

Details, including who counts as family, change often, so see our dated state-by-state guide.

What do most employers do anyway?

Most offer something. SHRM reports that 91 percent of its member organizations offer some paid time off for bereavement, while noting that this is well above the national average of about 65 percent. SHRM adds that most companies offer only a few days, and that about 30 percent of employees said they had to use vacation or sick days after the death of a family member, according to a 2023 survey by the Center for Creative Leadership. A policy of three to five days for a spouse, parent, or child is common, with fewer days for more distant relatives. Check your employee handbook, offer letter, or union agreement.

What does “unpaid but job-protected” mean?

In states with a law, the leave is typically unpaid, but your employer can’t fire, demote, or retaliate against you for taking it. The California agency says it’s unlawful to discriminate or retaliate against you because you requested or used bereavement leave. In most states with laws, you can use accrued vacation or sick time to be paid during the leave. In California, the agency says that if your employer doesn’t provide paid bereavement leave, it must allow you to use available sick, vacation, personal, or other paid leave so you can receive pay. In Illinois, the department says an employer can’t require you to use paid leave to cover the unpaid days, though you may choose to substitute it.

Who counts as family?

It depends on the law or policy. California’s list includes a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, and parent-in-law. Illinois adds stepchildren and stepparents and covers pregnancy-related losses; Illinois does not cover an aunt or niece. Oregon’s definition is broader and includes any individual related by blood or affinity whose close association is the equivalent of a family relationship. Employer policies often include less than the law and sometimes more. If you’re grieving someone outside the covered list, such as a close friend or chosen family, ask your employer to use discretion.

Do I have to prove the death?

You may be asked. California says an employer may request documentation, which you must provide within 30 days of the first day of leave if requested; acceptable documents include a death certificate, an obituary, or written verification from a funeral home, crematorium, or similar institution. The employer must keep it confidential. Illinois accepts reasonable documentation such as a published obituary or written verification from a funeral home, and says an employer can’t require you to say which category of event the leave is for. See how to ask your employer for time off.

What if my employer says no?

• Read the handbook and ask HR for the policy in writing
• Check whether a state law applies. If it does, tell your employer you’re requesting leave under that law
• Document your request and the response
• Contact your state labor agency. California employees can file a complaint with the Civil Rights Department. In Illinois, a complaint to the Department of Labor must be filed within 60 days of the last event constituting the alleged violation. Oregon’s agency accepts employment discrimination complaints
• Talk to an employment attorney if you’re retaliated against

If you’re a union member, your agreement may give you more; California’s agency notes that collective bargaining agreements must provide at least five days of unpaid, job-protected leave. Pregnancy loss has its own rules; see taking time off after a pregnancy loss.

What if I need more time than the law gives?

Ask. Many employers will grant extra unpaid time, let you use vacation, or allow a flexible schedule. If grief is affecting your health, see sick leave, PTO, or FMLA, and for what to expect when you return, see returning to work after a loss.

This is general educational information, not legal advice. Bereavement and sick leave laws vary by state and city, change often, and may not match what you read online; confirm with your state labor agency, your employer, or an employment attorney.