With no federal bereavement leave law as of 2025, there’s a growing trend at the state level that shows increasing recognition of the need for employee support during times of loss. Currently, five states have enacted some form of mandatory bereavement leave, while more states are considering moving away from voluntary employer policies toward a baseline level of coverage for grieving employees.
Additional trends show movement toward an expansion of the definition of “family member” beyond immediate blood relatives, as well as the inclusion of reproductive loss (e.g., miscarriage or failed adoption) as a qualifying event.
What Are Bereavement Leave Laws?
A bereavement leave law requires employers to provide employees with time off following the death of a close family member.
Key aspects of bereavement leave laws include:
- Eligibility: Criteria an employee must meet, such as length of employment to qualify for the leave.
- Duration: The time an employee can take for leave, often ranging from 3 to 10 days.
- Paid or Unpaid: Are employers required to pay the employee during leave, or will the employee be unpaid? Many laws allow employees to use accrued paid time off.
- Covered Relationships: This stipulates which family members qualify for bereavement leave (e.g., spouse, child, parent, sibling, grandparent, domestic partner).
Why Do States Have Bereavement Laws?
The death of a close family member is traumatic, and grief is not the only process an individual must go through. An employee might have to make funeral arrangements and handle other administrative tasks if they are a Power of Attorney for the individual or an executor of the will.
These efforts can be time-consuming and emotionally draining, so bereavement laws offer legal protections so employees don’t have to make the choice between their job responsibilities and attending to a personal loss.
State bereavement leave laws acknowledge the importance of employee well-being and the realities of the individual’s experience. There is a level of support that helps promote a workplace culture that emphasizes the need to reduce stress for grieving employees while ensuring they are not penalized during this vulnerable time.
The establishment of clear guidelines under state bereavement laws ensures consistent and fair treatment of employees during a trying time.
States with Bereavement Leave Laws
As of 2025, five states have bereavement leave laws:
- California
- Illinois
- Maryland
- Oregon
- Washington
Is there a Federal Law Related to Bereavement Leave?
The United States lacks a federal law that requires employers to offer bereavement leave to employees, and there currently is no proposal in Congress to address the issue. It has been left at the discretion of states or individual employers in states without such laws whether to provide such leave.
Bereavement Laws by State
| State | Employer and Employee Eligibility | Duration of Leave (max) | Qualifying Reasons for Taking Leave | Paid and Unpaid | Required Documentation from Employee |
| California | Employers with 5-plus employees; Employees employed for at least 30 days | Up to 5 days per event. Must be completed within 3 months of the death. Can be taken non-consecutively. | Death of a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. | Unpaid. But employers must allow employees to use accrued paid sick leave, vacation, or other PTO for this purpose. | Yes, if requested, but not required before you start leave. Documentation could include death certificate, obituary, or written verification from funeral home. |
| Illinois | Public and private employers with 50 or more employees; Employees who have worked at least 12 months prior to a leave request and who have worked at least 1,250 hours for employer | Up to 10 workdays per event. Up to 6 weeks (30 workdays) total in a 12-month period for multiple events | Death of a “covered family member” (e.g., child, stepchild, spouse, domestic partner, sibling, parent, grandparent); or for a “reproductive loss event” (e.g., miscarriage, unsuccessful IVF/ART, failed adoption). | Unpaid | Birth certificate, a published obituary, or written verification of death, burial, or memorial services from funeral home |
| Maryland | Employers with 15-plus employees | Amount of accrued and earned leave with pay | After death of immediate family member (child, spouse, or parent) | Paid, using accrued sick leave, vacation time, or compensatory time | Law doesn’t require it but employers may request a certificate of death or obit |
| Oregon | Employers with 25 or more employees; Employees who have worked at least 180 days and averaged 25 hours per week | Up to 2 weeks per event, not to exceed a total of 4 weeks in a one-year period. Must be completed within 60 days of notice of death | Death of a family member, broadly defined but not limited to, spouse, domestic partner, child, parent, sibling, stepsibling, or any individual related by blood. | Unpaid, unless employer’s policy states otherwise | Not required under the Oregon family Leave Act |
| Washington | All employers and employees | Up to 5 days of for general bereavement or loss of pregnancy | Death of a family member or household member, or for loss of pregnancy. “Family member” includes, but not limited to, child, parent, spouse, domestic partner, and any individual relying on employee’s care | Paid. Employees can also use accrued compensatory time, holiday credit, sick leave, vacation leave, and/or a personal holiday. | Employer may require verification |
States Without Bereavement Laws
The following states currently in 2025 do not have laws requiring employers to provide bereavement leave:
- Alabama
- Alaska
- Arizona
- Arkansas
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina (except for state employees via Executive Order)
- North Dakota
- Ohio
- Oklahoma
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee (except for state employees)
- Texas
- Utah
- Vermont
- Virginia
- West Virginia
- Wisconsin
- Wyoming
Additional State Bereavement Leave Considerations
There are a few other considerations in state bereavement leave, especially when it comes Colorado, Minnesota, and Tennessee.
Colorado Bereavement Law
Colorado has a bereavement leave provision as part of its Healthy Families Workplaces Act, which went into effect in August 2023. All employers in the state of Colorado must provide paid sick leave to employees (one hour for every 30 hours worked – up to 48 hours per year) that can be used to attend a funeral or memorial service, grieve a family member, and deal with financial and legal matters related to the death of a family member.
Minnesota Bereavement
Minnesota does not have a separate bereavement leave law, but such leave is covered under its Earned Sick and Safe Time law that has been in effect since January 2024. Employees can accrue paid time off (one hour for every 30 hours worked, with a cap of 48 hours per year) and use it to make funeral arrangements, attend funeral or memorial services, and handle any legal or financial matters related to the death of a family member.
On Jan. 1, 2026, the state’s Paid Family and medical Leave program is scheduled to begin providing benefits that cover family care, which could include aspects of bereavement.
Tennessee Bereavement Law
Tennessee’s new bereavement leave law, enacted in March 2025, provides state government employees with the right to take time off following the death of a loved one. This law specifically applies to those working in state government roles and does not extend to employees in the private sector. The legislation outlines who qualifies for leave, how much time can be taken, and under what circumstances, aiming to give state workers support and flexibility during periods of personal loss.
Which States Are Adding Bereavement Leave Laws?
In 2025, while only a handful of states currently mandate bereavement leave, there is a trend of legislative activity that indicates that there is growing momentum toward expanding these protections for employees. Employers in the following states should take note:
New York
There are two bills proposed in New York for its 2025-26 legislative session with the intent of expanding to include bereavement leave in the state’s Paid Family Leave (PFL) program, including “reproductive loss events” such as miscarriage, stillbirth, or infant death. If passed, employers would be mandated to provide a paid leave benefit to employees.
Massachusetts
Massachusetts has introduced multiple bills in 2025 that seek to establish bereavement leave as a mandated benefit. One of the bills proposes employers with 25 or more employees provide up to 10 days of job-protected leave. Debate will revolve around whether the leave is paid or unpaid, as well as a provision for leave after the loss of a child.
How Paycor Helps with Bereavement Leave Laws
If you employ individuals in a state that has a bereavement leave law, Paycor Time and Attendance software enables your business to manage and track employee leave. You’ll be able to customize your policies in the system, so the bereavement leave is accurately calculated and then record employee requests and usage.
Our solutions also provide reminders of any changes to leave limits so that your business can stay on top of its compliance requirements.
Bereavement Leave Law by State FAQs
Still seeking answers to your questions about state bereavement leave laws? Read on.
Are Employers Required to Provide Bereavement Leave?
There are a handful of states that mandate employers provide bereavement leave – paid and unpaid, depending on the state law – to employees. A few states give employees the option to take bereavement leave by using time off accrued under a different leave law (e.g., an earned sick and safe time). Additionally, employers can make their own policies that offer employees this benefit.
What States Require Employers to Provide Bereavement?
California, Illinois, Maryland, Oregon, and Washington mandate employers offer bereavement leave.
What’s the Difference Between Bereavement Leave and Compassionate Leave?
Bereavement leave is specific time off granted to an employee following the death of a close family member or loved one, focusing on an employee’s need to grieve and handle elements associated with a death, such as making funeral arrangements or taking care of financial or administrative matters (e.g., the will).
Compassionate leave, on the other hand, encompasses time off for personal emergencies or distressing situations. Such leave could include bereavement, but it also could provide time to care for a family member with a serious illness, deal with a traumatic event, or manage an unexpected family