Who is considered immediate family for bereavement leave

Are Employers Legally Required to Offer a Bereavement Leave Policy?

There's no federal law in the US requiring companies to offer bereavement leave. While the Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave for personal or family health issues, it does not cover bereavement. However, certain states and local governments may require employers to provide bereavement leave, albeit often with specific conditions. Some examples of state laws across the country are:

• Oregon mandates that qualifying employers offer up to two weeks (10 workdays) of bereavement leave per year for eligible employees to grieve the loss of a family member.
• Illinois requires qualifying employers to provide up to two weeks (ten workdays) of unpaid leave for bereavement. This includes time to grieve following the death of a covered family member, stillbirth, miscarriage, unsuccessful assisted reproductive technology procedure, failed adoption match, failed surrogacy agreement and any diagnosis that negatively impacts pregnancy or fertility.
• California requires that eligible employees receive up to five days of bereavement leave following the death of an immediate family member. This leave can be unpaid, but employees may use other accrued leave if desired. Employers may also request documentation, such as a death certificate or obituary, within 30 days of the leave start date.
• Colorado mandates bereavement leave for state employees, who can take up to five days of paid leave for the death of an immediate family member. Private sector employees can use leave under the Colorado Healthy Families and Workplaces Act to grieve, attend funeral services or a memorial, or deal with financial and legal matters that arise after the death of a covered family member.
• Maryland, Massachusetts, Minnesota, and Washington all have certain bereavement requirements for covered employees.

While bereavement leave is an optional employee benefit in most states, it is important to check your state's regulations and speak to your employer to understand your options better.

Which Employees are Eligible for Bereavement Leave?

Eligibility for bereavement leave often depends on the employer's policy. Some companies with bereavement leave policies may make this benefit available to full-time employees with a minimum employment duration of three months or six months. Part-time employees may also be eligible, though sometimes with reduced leave durations. State mandates may also only apply to companies with a certain number of employees.

Who is Considered Immediate Family for Bereavement Leave?

Employers generally restrict bereavement leave to the loss of immediate family members, though the specific definition of "immediate family" can vary. In most cases, immediate family members are those with whom an individual has a close familial relationship, such as parents, siblings, spouses, and children. Location-specific requirements will include covered reasons and employers should refer to those if operating in one of the locations identified above.

It's important to review your employee handbook to determine specifics based on your policy, and immediate family members may include:

Parents

Parents are typically included under the umbrella of immediate family. This category can encompass biological parents, adoptive parents, and legal guardians who played a primary role in the individual's upbringing. In many cases, stepparents or other significant parental figures, such as those who took on a caregiving role, may also qualify.

Siblings

Siblings, including biological, step, and half-siblings, generally fall under the definition of immediate family. Some policies may even extend bereavement leave to siblings-in-law, although this is less common.

Spouse or Domestic Partners

The loss of a spouse or legally recognized domestic partner usually qualifies for bereavement leave. While marriage remains the most common legal tie, many employers now acknowledge domestic partnerships or civil unions, extending bereavement leave to these relationships as well. This inclusion reflects the evolving view of what constitutes a committed family relationship.

Children

Children, including biological, adopted, stepchildren, and foster children, are almost universally considered immediate family in bereavement policies. Losing a child is one of the most difficult experiences a parent can endure, and companies recognize the need for bereavement time in such cases. Some policies may also extend to the loss of adult children, recognizing that the parent-child relationship endures regardless of age.

Grandparents

Some bereavement leave policies include grandparents as immediate family members, allowing employees time off to grieve the loss of a grandparent. While not universally covered under bereavement leave policies, including grandparents in this category can offer employees much-needed support in times of loss.

In-Laws

In-laws, such as a spouse's parents or siblings, can also be included in some bereavement leave policies. The death of an in-law can be deeply felt, particularly when close relationships exist between families. Although not all employers include in-laws in their bereavement policies, doing so can foster a compassionate and supportive work culture.

How Employers Can Help Employees Navigate the Bereavement Leave Process

Providing clear guidance and support to employees during bereavement leave can ease a difficult process, helping them focus on their families and grief rather than worrying about workplace logistics. Here's a step-by-step approach for employers to assist employees in navigating bereavement leave:

1. Clearly Outline Your Bereavement Policy

Begin by making your bereavement policy accessible and easy to understand. Outline eligibility, leave duration and any specific protocols employees should follow. By making this information readily available-through the employee handbook or HR portal-you'll help employees understand their options without added stress.

2. Encourage Open Communication

When employees need bereavement leave, encourage them to connect with their direct manager or the HR department as soon as they feel comfortable. Let your team know that personal meetings, calls or emails are all appropriate ways to initiate this conversation. By offering flexibility and empathy, you can help employees feel supported in this vulnerable time.

3. Be Sensitive About Documentation Requirements

If your company requires documentation, such as an obituary or funeral program, handle this aspect with sensitivity. While documentation can be necessary for administrative purposes, remember that privacy and empathy are critical during this time. Let employees know they can voice any concerns to HR, and consider offering alternatives if possible.

4. Clarify the Pay Policy for Bereavement Leave

Make sure your employees understand your company's policy on bereavement leave pay-whether it's fully paid, partially paid or unpaid time. If employees need to use accrued vacation or sick days, communicate this clearly and help them understand the process. This transparency will allow them to better plan for any unexpected expenses, such as funeral services.

5. Offer a Gradual Return-to-Work Process

Recognize that returning to work after a loss can be challenging. Whenever possible, consider offering a phased return-to-work plan or allowing for a more flexible schedule. Inform managers to be prepared to offer reduced workloads temporarily or to adjust deadlines to help employees readjust at their own pace.

6. Foster a Supportive Work Environment

Encourage a supportive team culture that respects privacy and compassion. HR can advise team members to provide space and understanding, as well as emphasize the importance of being mindful of emotional needs. This can help the grieving employee feel more comfortable reaching out if they need extra support initially.

7. Promote Access to Employee Assistance Programs (EAPs) or Grief Counseling

If your company offers Employee Assistance Programs (EAPs), communicate to your employees about these resources. EAPs often include grief counseling or other support services that can help employees manage the emotional aspects of returning to work. Periodically remind employees of these benefits so they can seek help when needed.

Bereavement leave, though often short, serves as a vital form of support from employers, enabling employees to focus on family and grief without the added pressure of work responsibilities. To support your bereavement leave policy and provide access to a comprehensive benefits package, work with TriNet today.

TriNet helps your business by providing a solution for managing time and attendance, including tracking your employees' time off. Also, with TriNet's HR experts, your business gains at-a-glance visibility into various types of leave, like parental leave or sick leave, helping you navigate compliance like FMLA.

© 2025 TriNet Group, Inc. All rights reserved. This communication is for informational purposes only, is not legal, tax or accounting advice, and is not an offer to sell, buy or procure insurance. TriNet is the single-employer sponsor of all its benefit plans, which does not include Enrich products and voluntary benefits that are not ERISA-covered group health insurance plans and enrollment is voluntary. Official plan documents always control and TriNet reserves the right to amend the benefit plans or change the offerings and deadlines.

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¹ CNBC, "The US has no federal bereavement leave."

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