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Bereavement Leave Policy Template
Bereavement leave policy: days by relationship, pay, travel time, reproductive loss leave, CA/OR/IL mandates, UK rules and a manager message.
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What you get
- Complete policy text: eligibility, pay, timing, travel extension, documentation and how to request leave
- A days-by-relationship table that meets California's 5-day minimum
- Reproductive loss leave written to California Government Code 12945.6
- State mandates for California, Oregon and Illinois, with three worked examples
- A sample manager condolence message, an HR confirmation email, and UK and India notes
Template preview
A preview of the structure. Download the PDF or CSV for the complete, ready-to-use version.
Policy details
- Company name
- Effective date
- Applies to— e.g. all full-time and part-time employees
- Who approves bereavement leave— direct manager; HR for extensions
1. Purpose and scope
[Company name] provides bereavement leave so employees can grieve, attend services and handle practical matters after the death of a family member or someone close to them, or after a reproductive loss, without worrying about pay or their job. This policy applies to [all employees]. Where federal, state or local law provides more leave or better terms than this policy, the law applies. Bereavement leave is separate from PTO and sick leave, and it is never counted as an absence under the attendance policy.
2. Eligibility
Employees are eligible for paid bereavement leave from their first day of employment. [Alternative: after (30) days of employment.] Part-time employees receive paid leave for the hours they were scheduled to work on the days taken. In California, employees who have worked for the company for at least 30 days are entitled to bereavement leave under Government Code 12945.7. In Oregon and Illinois, statutory leave has its own eligibility rules (see section 10). Where a statutory right applies, the company follows it even if the employee does not meet this policy's eligibility rule.
3. Days by relationship
Days are working days, paid at the regular rate. Days need not be consecutive and may be taken within 3 months of the death.
| Relationship to employee | Paid days | Notes |
|---|---|---|
| Spouse or domestic partner | [10] | |
| Child, stepchild, foster child, adopted child, or child of a domestic partner | [10] | Includes an adult child |
| Parent, stepparent, legal guardian, or parent-in-law | [5] | California requires 5 days for a parent-in-law |
| Sibling, grandparent or grandchild | [5] | Includes step- and half-relationships |
4. Pay
Paid bereavement days are paid at the employee's base rate for the hours they were scheduled to work, or [8] hours per day if there is no fixed schedule. Exempt employees continue to receive their full salary. Bereavement pay is not hours worked. It does not count toward overtime and is excluded from the regular rate of pay (29 CFR 778.218). When a law requires more days than this policy pays, the extra statutory days are unpaid, but the employee may choose to use accrued PTO, vacation or sick leave for them. The company will not require the employee to use PTO first.
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How to use this template
- 1
Set the days
Fill in the days-by-relationship table. Check it against every state where you have employees; California requires 5 days for close family members at employers with 5 or more employees.
- 2
Decide what is paid
State how many days are paid and whether any unpaid statutory days can be covered with PTO or sick leave.
- 3
Keep documentation light
Ask for proof only when the law or a pattern justifies it, and accept an obituary or a funeral program. Never ask for a death certificate by default.
- 4
Brief managers
Give managers the sample message and the rule that the employee's request is approved first and paperwork follows.
- 5
Track leave separately
Code bereavement leave as its own leave type so it never counts as an attendance occurrence or reduces PTO.
Frequently asked questions
How many days of bereavement leave are standard?
Three to five paid days for an immediate family member is the most common US practice, with one to three days for extended family. Many employers now give 10 days for a spouse or child. California requires up to 5 days for close family members at employers with 5 or more employees, so 5 days is a sensible minimum for a multistate policy.
Is bereavement leave required by law?
Not under federal law. A few states require it: California (5 days, Gov. Code 12945.7), Oregon (up to 2 weeks per death under OFLA for employers with 25 or more employees) and Illinois (up to 10 workdays under the Family Bereavement Leave Act for employers with 50 or more). Some state paid sick leave laws also allow sick time for bereavement.
Is bereavement leave paid?
Only if the employer's policy pays it. The state laws in California, Oregon and Illinois require time off but not pay, though employees can usually use accrued PTO or sick leave. Most employers with a written policy pay at least 3 days. Bereavement pay is not counted as hours worked for overtime under 29 CFR 778.218.
Can an employer ask for proof of death for bereavement leave?
Yes, in most places, but keep it light. California lets employers request documentation within 30 days of the first day of leave and accepts a death certificate, published obituary, or written verification from a mortuary, funeral home, religious institution or government agency. Ask through HR, accept an obituary or funeral program, and do not ask for proof of reproductive loss.
What is reproductive loss leave?
It is leave after a miscarriage, stillbirth, failed adoption, failed surrogacy or unsuccessful assisted reproduction. California's SB 848 requires up to 5 days per event, within 3 months, for employers with 5 or more employees, capped at 20 days in 12 months. Illinois covers similar events under its Family Bereavement Leave Act. In the UK, stillbirth after 24 weeks qualifies for Parental Bereavement Leave.
Does bereavement leave have to be taken all at once?
Not under a well-written policy, and not in California, where the days need not be consecutive and must be completed within 3 months of the death. Letting employees split days lets them attend a memorial service weeks later or deal with an estate. Oregon requires OFLA bereavement leave to be taken within 60 days of learning of the death, and Illinois within 60 days of notice.