Bereavement Leave Federal Laws

When a loved one dies, as an employee you will want and need to know what the bereavement leave federal laws are before you take time off.

While studies show that about 90 percent of companies in the United States do grant bereavement leave, there are some companies that do not grant time off for their employees bereaved by the death of an immediate family member or a close relative. If time is allowed, this means that employees are usually given three days off with pay. A few places of work might give five days as time off with pay. Some companies may allow for a person to take additional time off without pay or want them to arrange to use personal days or vacation time. It is best for an employee to read what their company's bereavement leave polices are. These guidelines should be included in the Employee Handbook. Being informed is to your advantage so that you are not surprised when you learn the truth about your company's leave terms.

Some companies hold a very narrow definition of who a family member is. Only if one of the following die can an employee consider time off with pay.

• Spouse
• Child
• Parent
• Grandparent
• Brother
• Sister

Are there laws in the United States that deal with an employee's rights when a family member dies? Isn't everyone entitled to time off with pay upon the death of a family member? These are good questions. Although most companies have a nice benefits program for each employee, legally, an employer is not required to give workers paid holiday, vacation, sick or bereavement leave.

Paid leave for holidays, vacation, sickness or bereavement following the death of a close family member are considered benefits. Each business, company, or institution has a policy outlining what these are. There are no state laws requiring that any benefits be given and there are no bereavement leave federal laws. The policies, including how much time with pay is given, are all determined by each individual company. Some places of employment may require that you show verification, or proof, that your loved one has died. A copy of an obituary should suffice.

Keep in mind, that if a company agrees to give benefits and then does not do so, employees may sue the business in a private legal suit in small claims court or through a private attorney. If you are part of a labor union, know what the terms are that you are entitled to under your labor union laws.

To assist you with your questions, visit the United States Department of Labor where you can read about many topics pertaining to your employment. Sometimes time is needed to be taken when you or another family member needs care due to illness or pending death. The Family and Medical Leave Act of 1993 describes what the conditions and procedures are for you should you need to partake in this Leave Act. You might be entitled to take up to 12 weeks of unpaid time off from work, but the Family and Medical Leave Act (F.M.L.A.) does not specifically provide for bereavement leave.

Realize that after the death of a loved one, your life will be different. Sadness and sorrow may overwhelm you at times, even at your place of work. Make sure you eat and sleep well. Do not try to do too much. Hopefully, your fellow coworkers and supervisors will support you and show empathy at this time of difficulty and adjustment. Taking extra time off might be just what you need. Do not compromise your own health at this time. Whether you have just buried a spouse or parent, your heart is broken and adapting to life without this person takes time, understanding, support, and patience.

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