Bereavement leave in the United States
The United States has no federal law requiring employers to offer paid or unpaid bereavement leave. What you're entitled to depends on where you live, where you work, and your employer's policies — but you likely have more options than you realise.
Federal law
No federal statute mandates bereavement leave. The Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave for qualifying medical and family reasons, but it does not cover bereavement specifically. However, if your own health is seriously affected by grief — for example, a diagnosed episode of depression or anxiety — FMLA may apply. Talk to your doctor and HR about this option.
State laws
Several states have enacted their own bereavement leave laws. As of 2025:
- California: 5 days of bereavement leave for employers with 5 or more employees (AB 1949). Available for the death of a spouse, child, parent, sibling, grandparent, grandchild, or domestic partner.
- Illinois: Up to 2 weeks of unpaid bereavement leave for the death of a child, including a miscarriage or failed adoption.
- Oregon: Up to 2 weeks of unpaid bereavement leave, plus additional leave for the death of a child.
- Maryland: Up to 60 days of unpaid leave for the death of a child.
- Washington: Up to 3 days of bereavement leave, with additional options through the state's Paid Family and Medical Leave programme.
Other states have legislation under consideration. Search "[your state] bereavement leave law" for current rules where you live.
Employer policies
Most large employers offer between 3 and 5 days of paid bereavement leave for immediate family members, and sometimes 1 to 3 days for extended family. Check your employee handbook or ask HR directly — the policy may not be clearly advertised.
You can usually combine bereavement leave with accrued paid time off or vacation if you need more time. Many employers are flexible when asked, even if the formal policy is limited.
What to do
- Notify your manager or HR as soon as possible — you do not need all the details sorted before making contact
- Ask explicitly what bereavement leave your employer provides and whether it applies to this relationship
- Ask whether you can use PTO or vacation to extend your leave
- If your grief is significantly affecting your health, speak with your doctor — FMLA or a state equivalent may give you protected time
- Document any conversations about leave in writing, even if just by following up a phone call with an email
If your employer has no written bereavement policy, that does not mean leave is unavailable — it means it is at your manager's discretion. Ask, and frame it in terms of the time you need to manage the practical and emotional demands of a death.
If you are self-employed or a contractor
There is no paid leave available through an employer. If you have business interruption insurance or income protection, review whether bereavement is a covered circumstance. Otherwise, you will need to manage client commitments yourself — most clients, given notice, are understanding.