With no federal bereavement leave law on the books as of 2026, a growing number of states are stepping in to fill the gap. Currently, five states have enacted mandatory bereavement leave requirements, while others—like Colorado and Minnesota—cover bereavement-related needs through broader sick leave or family leave programs. For employers, especially small and mid-sized businesses juggling compliance across multiple states, understanding these laws is essential.

Recent legislative trends also show movement toward expanding the definition of “family member” beyond immediate blood relatives and including reproductive loss events (such as miscarriage or failed adoption) as qualifying circumstances.

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 typically address:

• Eligibility: The criteria an employee must meet to qualify, such as minimum length of employment.
• Duration: The amount of time an employee can take, often ranging from 3 to 10 days depending on the state.
• Paid or Unpaid: Whether employers must compensate employees during leave. Many laws allow employees to use accrued PTO.
• Covered Relationships: Which family members qualify for bereavement leave (spouse, child, parent, sibling, grandparent, domestic partner, etc.).

Why Do States Have Bereavement Laws?

The death of a close family member is traumatic, and grief is only part of what an employee must navigate. They may need to make funeral arrangements, handle estate matters if they hold Power of Attorney, or manage other time-consuming administrative responsibilities.

These tasks are emotionally draining under the best circumstances. Bereavement laws provide legal protections so employees don’t have to choose between their job and attending to a personal loss.

State bereavement leave laws also acknowledge the importance of employee well-being and help promote a workplace culture that reduces stress for grieving employees while ensuring they aren’t penalized during a vulnerable time. Clear guidelines ensure consistent, fair treatment across your workforce.

States with Bereavement Leave Laws

As of 2026, five states have enacted dedicated bereavement leave laws:

• California
• Illinois
• Maryland
• Oregon
• Washington

Additionally, Colorado and Minnesota provide bereavement-related coverage through their broader paid leave programs (detailed below).

Is There a Federal Bereavement Leave Law?

No. The United States does not have a federal law requiring employers to offer bereavement leave, and there is currently no proposal in Congress to address the issue. Whether to provide bereavement leave is left to individual states—or to employers themselves in states without such laws.

Bereavement Laws by State: Detailed Breakdown

California

Requirement	Details
Employer Eligibility	Employers with 5+ employees
Employee Eligibility	Employed at least 30 days
Duration	Up to 5 days per event; must be completed within 3 months of death; can be taken non-consecutively
Qualifying Events	Death of spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law
Paid/Unpaid	Unpaid. Employers must allow use of accrued sick leave, vacation, or other PTO
Documentation	May be requested (but not before leave begins). Acceptable forms include death certificate, obituary, or written verification from funeral home

 

Illinois

Requirement	Details
Employer Eligibility	Public and private employers with 50+ employees
Employee Eligibility	Employed at least 12 months and worked at least 1,250 hours
Duration	Up to 10 workdays per event; up to 6 weeks (30 workdays) total in a 12-month period for multiple events
Qualifying Events	Death of a “covered family member” (child, stepchild, spouse, domestic partner, sibling, parent, grandparent); or a “reproductive loss event” (miscarriage, unsuccessful IVF/ART, failed adoption)
Paid/Unpaid	Unpaid
Documentation	Birth certificate, published obituary, or written verification of death/burial/memorial services from funeral home

 

Maryland

Requirement	Details
Employer Eligibility	Employers with 15+ employees
Employee Eligibility	All eligible employees
Duration	Amount of accrued and earned leave with pay
Qualifying Events	Death of immediate family member (child, spouse, or parent)
Paid/Unpaid	Paid, using accrued sick leave, vacation time, or compensatory time
Documentation	Not required by law, but employers may request a death certificate or obituary

 

Oregon

Requirement	Details
Employer Eligibility	Employers with 25+ employees
Employee Eligibility	Employed at least 180 days and averaged 25+ hours per week
Duration	Up to 2 weeks per event; maximum 4 weeks in a one-year period; must be completed within 60 days of notice of death
Qualifying Events	Death of a family member, broadly defined to include spouse, domestic partner, child, parent, sibling, stepsibling, or any individual related by blood
Paid/Unpaid	Unpaid, unless employer policy states otherwise
Documentation	Not required under the Oregon Family Leave Act

 

Washington

Requirement	Details
Employer Eligibility	All employers
Employee Eligibility	All employees
Duration	Up to 5 days for general bereavement or loss of pregnancy
Qualifying Events	Death of a family member or household member, or loss of pregnancy. “Family member” includes child, parent, spouse, domestic partner, and any individual relying on employee’s care
Paid/Unpaid	Paid. Employees can also use accrued compensatory time, holiday credit, sick leave, vacation leave, and/or personal holiday
Documentation	Employer may require verification

 

States Without Dedicated Bereavement Laws

The following states do not currently have laws specifically 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 state employees via Executive Order), North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee (except state employees), Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming.

*See notes below for Colorado and Minnesota provisions that cover bereavement-related needs.

Additional State Considerations

Colorado

While Colorado doesn’t have a standalone bereavement law, its Healthy Families Workplaces Act (effective since August 2023) provides a pathway. All employers must provide paid sick leave—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, or handle financial and legal matters related to a death.

Minnesota

Minnesota offers two avenues for bereavement-related leave coverage:

Earned Sick and Safe Time (ESST): In effect since January 2024, this law allows employees to accrue paid time off (one hour per 30 hours worked, capped at 48 hours annually) that can be used for funeral arrangements, memorial services, and matters related to a family member’s death.

Paid Family and Medical Leave (PFML): Minnesota’s PFML program launched January 1, 2026, providing wage replacement benefits for qualifying family care situations. While primarily designed for caregiving, medical leave, and bonding with a new child, the program’s family care provisions may offer additional support during bereavement periods when caring for grieving family members. Employers should review the specific qualifying circumstances under the PFML program to understand how it intersects with bereavement needs.

Tennessee

Tennessee’s bereavement leave law, enacted in March 2025, applies specifically to state government employees. Private sector employers are not covered under this legislation.

States Considering Bereavement Leave Laws

Employers in the following states should continue monitoring legislative developments:

New York

Multiple bills have been proposed to expand New York’s Paid Family Leave (PFL) program to include bereavement leave, including coverage for “reproductive loss events” such as miscarriage, stillbirth, or infant death. As of January 2026, these proposals remain under consideration in the state legislature.

Massachusetts

Several bills introduced in recent legislative sessions seek to establish mandated bereavement leave in Massachusetts. Proposals have included requirements for employers with 25+ employees to provide up to 10 days of job-protected leave. Debate continues around whether leave should be paid or unpaid, as well as provisions specific to child loss.

What This Means for Employers

Even in states without mandated bereavement leave, many employers choose to offer it as part of their benefits package. A clear, compassionate bereavement policy can help with employee retention, reduce administrative confusion during difficult times, and demonstrate that your organization values its people.

If you operate in multiple states—or employ workers who live in a different state than your business is headquartered—tracking varying requirements becomes especially important. Industries with high employee counts, such as healthcare, restaurants, and construction, often face additional complexity.

Key considerations for 2026:

Minnesota employers: With the PFML program now in effect, review how the new benefits interact with your existing bereavement policies and ESST obligations.

Multi-state employers: Audit your leave policies to ensure compliance across all jurisdictions where you have employees. Remember that the employee’s work location (not your headquarters) typically determines which state’s laws apply.

Documentation practices: Even where not legally required, maintaining consistent documentation practices for bereavement leave helps demonstrate fair treatment and can protect against potential disputes.

Bereavement Leave FAQs

Are employers required to provide bereavement leave?

It depends on your state. California, Illinois, Maryland, Oregon, and Washington have dedicated bereavement leave laws. Colorado and Minnesota cover bereavement-related needs through their broader paid leave programs. In other states, it’s at the employer’s discretion.

What’s the difference between bereavement leave and compassionate leave?

The terms are often used interchangeably. “Bereavement leave” typically refers specifically to time off following a death, while “compassionate leave” may encompass a broader range of personal emergencies or family crises. Always check your state’s specific definitions and your company policy.

Can employees use FMLA for bereavement?

FMLA does not cover bereavement. However, if an employee was caring for a family member with a serious health condition before their death, FMLA leave taken during that time would be protected. The bereavement period itself is not FMLA-eligible.

Does Minnesota’s new PFML program cover bereavement leave?

Minnesota’s PFML program, which launched January 1, 2026, is primarily designed for medical leave, caregiving, and bonding with a new child. While it doesn’t specifically cover bereavement, some family care situations during a period of loss may qualify. Employees should also be aware of their separate ESST entitlements, which can be used for funeral arrangements and grieving.

Should employers offer bereavement leave even if not required by law?

Many do. Offering bereavement leave—even in states without mandates—helps attract and retain employees, demonstrates compassion, and reduces the administrative burden of handling requests on a case-by-case basis. A clear policy benefits everyone.