Bereavement Leave Policies in America: What You’re Legally Entitled To and How to Ask for More

The uncomfortable truth about bereavement leave

When a close family member dies, most American workers receive three days of paid leave. Three days to plan a funeral, begin the most complex administrative process of their lives, manage their family’s emotional wellbeing, and somehow start processing their own grief.

There is no federal law requiring any bereavement leave in the United States. The Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave for serious health conditions, but grief alone does not qualify as a covered condition. The result is a patchwork of state laws and employer policies that leaves most bereaved workers severely underserved.

The state-by-state landscape

As of 2026, only a handful of states have enacted mandatory bereavement leave laws, and the provisions vary significantly.

• Oregon , Requires employers with 25+ employees to provide up to 2 weeks of bereavement leave under the Oregon Family Leave Act. This is the most generous state mandate in the country and covers funeral arrangements, grieving, and estate matters
• Illinois , The Family Bereavement Leave Act provides up to 2 weeks (10 work days) of unpaid, job-protected leave for employees of companies with 50+ workers. Covers death of a family member, miscarriage, stillbirth, and failed IVF
• California , AB 1949 (effective 2023) requires employers with 5+ employees to provide at least 5 days of bereavement leave. The leave is unpaid unless the employer chooses to offer paid leave or the employee uses accrued PTO
• Maryland , Requires employers to allow employees to use accrued sick leave for bereavement purposes. Does not mandate separate bereavement leave
• Washington , Employees can use paid family and medical leave benefits for bereavement-related needs, including mental health impacts from grief. This is one of the most flexible approaches, as it recognizes grief as a health condition
• Most other states have no bereavement leave mandate at all. Workers are entirely dependent on their employer’s voluntary policies

What most employers actually offer

Among employers who do provide bereavement leave, the typical policy is strikingly inadequate given the scope of what follows a death.

• 3–5 days for an immediate family member (spouse, child, parent, sibling). This is the most common policy across American companies
• 1–3 days for extended family (grandparent, in-law, aunt, uncle). Many policies exclude close non-family relationships entirely , a best friend, a mentor, an ex-spouse you co-parent with
• 0 days for miscarriage, stillbirth, or pregnancy loss in most employer policies, though this is slowly changing
• No standardized definition of “family” across employers, which creates confusion about who qualifies. Blended families, chosen families, and domestic partnerships are often excluded
• Most policies do not distinguish between types of death. Losing a child and losing an elderly grandparent receive the same allocation, despite vastly different impacts

How to ask for more time

If your employer’s bereavement leave falls short of what you need, you have several options that can extend your time away from work.

• Request additional unpaid leave , Frame the request around specific needs: “I need to be present for probate proceedings” or “The estate requires me to travel to another state.” Practical justifications tend to be more effective than emotional appeals in corporate settings
• Use FMLA for grief-related health conditions , While grief alone doesn’t qualify for FMLA, a grief-related health condition diagnosed by a healthcare provider does. Depression, anxiety, insomnia, and somatic symptoms that substantially impair daily functioning can qualify. Talk to your doctor
• Request a flexible or phased return , Instead of asking for more days off, propose a reduced schedule or work-from-home arrangement for a transition period. Many managers find this easier to approve than extended leave
• Use accrued PTO, sick leave, or personal days , Most policies allow you to supplement bereavement leave with other paid time off. Review your employee handbook and coordinate with HR
• Explore short-term disability , If grief is causing clinical depression or another diagnosable condition, short-term disability insurance may provide income replacement for an extended absence
• Put your request in writing , A written request creates a record, ensures clarity, and gives your manager something to take to HR and leadership on your behalf

What progressive companies are doing

A growing number of companies recognize that three days is nowhere near sufficient. These organizations are redesigning their bereavement policies not just as a compassionate gesture, but as a strategic investment in retention, culture, and employer brand.

Some companies now offer 20 days of paid bereavement leave for immediate family loss, 10 days for extended family, and separate provisions for pregnancy loss. Others provide ongoing grief counseling, flexible return-to-work programs, and partnerships with grief support platforms like LumenUs to ensure employees have structured support beyond just time away.

If your company is ready to rethink bereavement support, LumenUs’s enterprise program gives employees immediate access to a personalized care plan, document assistance, and peer companion matching , turning bereavement benefits from a checkbox policy into genuine, lasting support.