Bereavement Leave Laws by State: A Dated Guide

Last verified: October 7, 2026. We re-check this guide at least twice a year. Bereavement leave law is changing quickly, and many online lists disagree: some count five states, some six; some say Washington pays bereavement leave, others say it doesn’t. We built this guide from state agency pages where we could and labeled everything else. If your situation depends on a detail, confirm with your state labor agency before relying on this page.

Quick view

State	Required leave?	Who’s covered	How much	Pay	How we verified
California	Yes	Employers with 5+ employees; employee employed 30+ days	Up to 5 days per family member; within 3 months	Unpaid; may use other paid leave	State agency page
Illinois	Yes	FMLA-covered employers; employee with 12 months and 1,250 hours	Up to 10 workdays per event; up to 6 weeks per 12 months; within 60 days	Unpaid; may substitute paid leave	State agency page
Oregon	Yes	Employers with 25+ employees; employee averaging 25 hours/week for 180 days	Up to 2 weeks per family member; up to 4 weeks per leave year; within 60 days	Unpaid unless paid leave is used	State agency page
Maryland	Limited	Employers with 15+ employees (per an overview)	No separate entitlement; may use accrued leave	Paid from accrued leave	Secondary source
Vermont	Yes (from July 2025)	Employers with 10+ employees (per summaries)	Up to 2 weeks within family leave entitlement (per summaries)	Unpaid; may substitute paid leave	Secondary sources
Washington	See below				Agency page and secondary sources
Colorado, Minnesota	Sick leave may be used	Per sick-leave laws		Paid from sick leave	Secondary sources
Texas and most other states	No state law	Employer policy			Secondary sources

California (verified with the state agency)

The California Civil Rights Department says that since January 1, 2023, private employers with five or more employees must grant eligible employees up to five days of bereavement leave after the death of a family member. The employee must have been employed at least 30 days. The leave is also available to state and local government employees. Covered family members are a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law; an employer may voluntarily allow leave for others. The leave must be completed within three months of the death, can be split across days, and isn’t limited to one death per year: each family member’s death carries up to five days. It’s separate from California Family Rights Act leave. The law doesn’t require pay, but if the employer doesn’t provide paid bereavement leave, it must let you use available sick, vacation, personal, or other paid leave. Employers can ask for documentation, which you provide within 30 days after your leave begins. Collective bargaining agreements must provide at least five days of unpaid, job-protected leave. Complaints go to the Civil Rights Department.

Illinois (verified with the state agency)

The Illinois Department of Labor says the Family Bereavement Leave Act entitles eligible employees to up to two weeks (10 workdays) of unpaid leave to attend the funeral or an alternative, make arrangements, or grieve following the death of a covered family member, and also following a stillbirth, miscarriage, unsuccessful reproductive procedure, failed adoption or surrogacy, or a diagnosis that negatively impacts pregnancy or fertility. Employees are eligible after 12 months with the employer and 1,250 hours in the prior 12 months, and all employers covered by the federal FMLA must comply. Covered family members include a child, stepchild, spouse, domestic partner, sibling, parent, mother- or father-in-law, grandchild, grandparent, or stepparent; an aunt or niece is not covered. Leave must be completed within 60 days of learning of the death; employees get up to six weeks (three events) in a 12-month period; and 48 hours’ notice is required unless impractical. An employer can’t require you to use paid leave first. Separate Illinois laws cover the death of a child (the Child Extended Bereavement Leave Act, which can’t be combined with this leave for the same child) and provide up to 40 hours of paid leave a year for any reason under the Paid Leave for All Workers Act. A bill introduced in the Illinois General Assembly (HB 5208, 104th General Assembly) would amend the law; check the Department of Labor for current status.

Oregon (verified with the state agency)

Oregon’s Bureau of Labor and Industries says that employees of employers with 25 or more employees can take bereavement leave under the Oregon Family Leave Act within 60 days after learning of a family member’s death. To be eligible, you must have averaged 25 hours per week for 180 days. Bereavement leave is limited to two weeks per family member, with a maximum of four weeks in a leave year (within OFLA’s 12-week cap for sick child and bereavement leave). Family members include a spouse or domestic partner, child, parent, sibling or stepsibling, grandparent, grandchild, and, for each, certain spouses or partners, plus any individual related by blood or affinity whose close association is the equivalent of a family relationship. OFLA is unpaid unless you use paid leave, and Oregon’s sick time law also covers OFLA-qualifying reasons. BOLI also states that the federal FMLA does not cover bereavement.

Maryland (secondary source)

An April 2025 overview submitted to a Vermont legislative committee describes Maryland’s law as allowing eligible employees at employers with 15 or more employees to use accrued leave (sick leave, vacation, or compensatory time) for the death of a child, spouse, parent, or stepparent; there is no separate entitlement. Confirm details with the Maryland Department of Labor.

Vermont (secondary sources)

HR and payroll summaries report that, effective July 1, 2025, Vermont’s Parental and Family Leave Act includes bereavement as a reason for unpaid, job-protected leave for eligible employees at employers with 10 or more employees: up to two weeks (10 workdays) within the 12-week family leave entitlement, no more than five consecutive workdays at a time, within one year of the death, with the option to use accrued paid leave. We couldn’t verify the details on a Vermont agency page, so confirm with the Vermont Department of Labor.

Washington (agency page and conflicting summaries)

This is the entry where sources conflict, so read carefully. Washington’s Paid Family and Medical Leave agency page, with a 2026 copyright, states that Paid Leave benefits do not cover bereavement leave, with one exception: you may use family leave for the seven days following the loss of a child if you meet certain requirements, such as having qualified for bonding leave. It doesn’t include leave for the death of any other family member. Separately, several 2026 summaries say a 2025 law (SB 5217) that took effect July 1, 2026 adds paid bereavement days through the state’s program. We couldn’t confirm that on the agency page we checked. The agency’s site notes updates to Paid Leave in 2026, so check paidleave.wa.gov directly.

Colorado and Minnesota (secondary sources)

HR summaries report that neither state has a standalone bereavement law, but that Colorado’s Healthy Families and Workplaces Act and Minnesota’s Earned Sick and Safe Time law allow accrued paid sick leave to be used for bereavement, including funeral arrangements and memorial services and handling financial or legal matters after a death. Confirm with the state agency, since sick-leave laws have their own accrual and notice rules.

Texas and the rest of the country

Texas has no state bereavement leave law that we found; leave is governed by employer policy, according to secondary sources. The same is true in most states. Some cities and counties have their own sick leave ordinances that may allow bereavement use, so check yours. Federal law doesn’t fill the gap; see are you entitled to time off when someone dies?.

How should I use this guide?

1. Find your state above, then confirm on the agency page
2. Check whether your employer is covered (size, hours worked)
3. Read your employer’s own policy, which may be more generous than the law
4. Put your request in writing; see how to ask your employer for time off
5. If you’re denied, contact your state labor agency; deadlines can be short

This is general educational information, not legal advice. Employment laws change, and online summaries often conflict; entries marked as secondary sources were not confirmed with a state agency. Confirm with your state labor agency or an employment attorney before relying on any entry.