What You Should Know About Bereavement Leave

Creating a bereavement leave policy for your office can be challenging, especially when an employee experiences the loss of a loved one. However, it’s important not to avoid the issue. Providing support to employees during their grieving process is crucial. A well-defined bereavement leave policy can help achieve this.

To start, you need to understand the laws regarding bereavement leave and how they impact your business.

Bereavement Leave Basics

Understanding the fundamentals of bereavement leave is essential for crafting a policy that truly supports your employees.

What is a bereavement leave?

Bereavement leave, also known as compassionate leave, is a period of time off that an employee takes, either paid or unpaid, following the death of a family member or close friend. It allows employees to grieve the loss of their loved one and make necessary arrangements, including attending funeral services.

Is bereavement leave necessary?

Bereavement leave is not necessary under federal law, but some states have enacted their own laws regarding this type of leave. Here are a few examples:

Make sure to check for any other bereavement leave laws that may apply in your state.

Who may take bereavement leave?

Employers typically have the discretion to determine who can take bereavement leave under most state laws. Some states may limit leave to full-time employees who experience the loss of an immediate family member. However, other employers may have more inclusive policies that support any employee affected by a death.

The most effective bereavement policies are comprehensive, allowing employees to take paid leave after the loss of any loved one without restrictions on their relationship to the deceased. This can include relatives, friends, or neighbors. It’s important for your bereavement leave policy to clearly outline who is eligible for leave and under what circumstances.

Is proof required to take bereavement leave?

Whether proof of death is required for bereavement leave is at your discretion as the employer.

While asking for proof is within your rights, it’s important to approach this situation with compassion and sensitivity. If you do require proof, make the process as easy as possible for the employee. Allow them to submit the proof after they have returned to work.

Shirley King, founder of Life On Power, suggests that reasonable examples of proof include an obituary or funeral notice. You can also make a written request that contains the deceased’s name, date of death, city of death, and relationship to the employee.

How long is the bereavement leave?

The standard bereavement leave policy provides employees with three to four days off in the case of the death of an intimate family member, such as a spouse. For the loss of extended family or friends, the time off is usually less.

In some companies, employees can request additional time off by using paid vacation days, sick leave, or unpaid time off. Since bereavement leave is generally optional under state laws, the duration of leave an employee can take will depend on your specific bereavement leave policy.

Is bereavement leave paid or unpaid?

Bereavement leave can be either paid or unpaid. However, many businesses choose to offer full or partial pay for the designated days off.

“Note: Offering paid leave for bereavement is not normally required by law, but it may be an excellent approach to assist employees in their time of need while also showing your value and concern for their well-being. Aside from the benefits of supporting employees’ mental and emotional well-being, paid bereavement leave can influence employee retention.”

Why your business should providing bereavement leave

Mindy Cassel, co-founder of the Children’s Bereavement Center, emphasizes that companies and supervisors can positively impact their employees’ recovery by providing bereavement leave after a loss.

According to Cassel, offering bereavement leave can lead to greater appreciation and loyalty from both the grieving employee and their colleagues, as the company shows compassion during a critical life event. Providing this support can also enhance the adjustment of the bereaved employee by reducing stress, offering flexibility, and providing social support.

While many see providing bereavement leave as a compassionate gesture that aligns with the organization’s morals and values, there are also practical benefits for the company. By assisting employees during a difficult time and allowing them space to grieve, companies increase the likelihood that employees will return to work ready and motivated. On the other hand, employees who do not take leave may struggle more with their responsibilities and productivity due to emotional stress. Therefore, providing bereavement leave can contribute to employees’ mental health and success in their roles.

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Advice for business owners on bereavement policies

While not legally required in most states, offering bereavement leave is considered a best practice for all businesses. A clear and comprehensive bereavement leave policy can support employees during difficult times.

A comprehensive policy should address the following:

• Qualification: Who qualifies for bereavement leave?
• Guidelines: What are the guidelines for immediate family members, extended family members, and friends?
• Duration: How many days of bereavement leave can an employee take?
• Payment: Is bereavement leave paid or unpaid?
• Request Process: What are the guidelines for requesting bereavement leave?
• Documentation: What documentation is required for bereavement leave requests?
• Tracking: How will your payroll system track bereavement leave?

It’s important for your policy to be inclusive and align with your resources. Consider the diversity of employee family structures, including blended families, when determining guidelines for immediate and extended family members.

Offering flexibility in scheduling bereavement leave can also be beneficial. While the policy may specify the number of days allowed, employees should be able to schedule specific dates with their supervisor. This accommodates differing needs based on individual circumstances.

Include the bereavement policy in your employee handbook and update it as needed. Ensure fair and consistent application of the policy across your organization to prevent claims of discrimination.

Regular policy reviews, including the bereavement policy are recommended to ensure optimal use and alignment with organizational needs.

“Tip: In addition to bereavement leave, you can help grieving employees by offering flexible scheduling (also known as flextime) and remote work options.”

How to help a grieving employee?

Supporting a grieving employee goes beyond having a bereavement policy in place. Here are some additional ways you and your team can assist a grieving employee when they return to work:

• Educate Staff: Educate your staff about the needs of the grieving employee to foster understanding and support.
• Attend Services: Enable colleagues who work closely with the grieving employee to attend funeral and memorial services if appropriate.
• Flexible Schedule: Offer the grieving employee a flexible work schedule that allows them to tend to their personal needs.
• Workload Assistance: Find one or more employees who can assist with the grieving employee’s workload to alleviate stress.
• Emotional Support: Connect the grieving employee with a company mentor or a staff member who has experienced a similar loss for emotional support.
• Salary Continuation: Continue to pay the grieving employee’s salary during leave and flextime to reduce financial stress.
• Respect Boundaries: Avoid contacting the grieving employee about work matters during the funeral, wake, or shiva to respect their mourning process.
• Offer Assistance: Send a donation, food, or flowers to the grieving employee and ask if other assistance is needed, such as help with food shopping.
• Utilize Support Services: Facilitate additional help through your HR team, employee assistance program, or local support services to provide comprehensive support.

Supporting a grieving employee requires empathy, understanding, and flexibility to help them navigate this challenging time.

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