No one is a stranger to grief. If you have ever lost a loved one, you understand just how difficult it can be. So if someone is asked to come to work directly after the death of a family member, they may not be able to focus on the job they have to do. And when that job is patient care, it’s extremely challenging for a grieving employee to be fully present. That’s why many companies, including health and dental practices, offer bereavement leave. This helps provide employees with time and space to process an emotional loss. Here’s what you need to know about bereavement leave and how it’s typically paid.
An Overview of Bereavement Leave
Typically, bereavement leave is the time off that an employer gives an employee after the death of a loved one. Typically, this is a family member, but everyone defines their family differently. Many employers define “immediate family” within their policies, and this definition can influence who qualifies for bereavement leave. In addition to parents, grandparents, spouses, siblings, and children, some policies also extend coverage to:
- Stepparents and parents-in-law
- Stepchildren, foster children, or a minor for whom the employee is a legal guardian
- Siblings-in-law
- Great-grandparents
- Individuals who share a parent or child relationship with the employee, even if not biological
Side note: more and more employers are including pets in the use of bereavement leave. This is not required, nor is it standard, but we are starting to see it more. There is some nuance between bereavement leave and funeral leave. Bereavement generally provides time to grieve and handle personal matters, whereas funeral leave is a shorter period specifically for attending a funeral or memorial service, like for a friend or distant relative. Ultimately, the specific relationships covered will depend on each company’s policy. It’s a good idea for both employers and employees to review these details to avoid confusion during a difficult time.
Which States Require Bereavement Leave?
Right now, there is no federal law mandating that companies are required to provide employees with bereavement leave, but there are lots of employers and practices of all sizes that provide bereavement leave to their employees.
Some states require bereavement leave, and whether it is paid depends on your state’s sick leave and family leave laws. The law requires employers to allow employees to use paid leave, such as state-mandated sick leave, to make the days paid if they have enough accrued to use. The number of employees, type, and duration of leave does vary, so check your state’s laws before updating your policies.
When Can Employees Take Bereavement Leave?
This type of leave typically applies only in specific situations. Not all family members are covered, but the vast majority of companies will provide bereavement leave if a parent, grandparent, spouse, sibling, or child dies. There are some situations where employers might also include other family members or close friends, but every practice handles this differently.
Keep in mind that both employers and employees need to be flexible in this situation.
It is usually difficult to anticipate a death in the family, but it is incumbent on employees to provide employers with as much notice as possible. For example, if there is a family member who is dealing with a chronic illness, it might be a good idea for employees to let the employer know of the situation. That way, if that family member passes away, it does not come as a complete shock to an employer.
Regardless, there are situations where a death in the family will be unexpected. If employees give employers an opportunity to arrange alternative coverage, the process will proceed smoothly.
Can Employees Use Bereavement Leave Before a Death?
Generally, bereavement leave is designed to be taken after the loss of a loved one, not beforehand. That said, if an employee needs time off to care for a gravely ill family member, other options (like the Family and Medical Leave Act (FMLA), paid sick leave, or vacation days) may be available depending on the employer’s policies and local or state requirements.
Employers may choose to be flexible and allow employees to use their other accrued paid time off if they need to attend to family matters prior to a loss. It’s a good idea for both employees and employers to review the existing leave policies to be clear about what’s possible in these situations.
Can Employers Require Proof for Bereavement Leave?
This one comes up fairly regularly. Asking employees to provide proof of loss, such as a death certificate or obituary, makes sense from a business operations perspective. But to the employee who’s still grieving, requiring proof adds stress. We do not recommend asking for proof of death. We also would not recommend denying bereavement or funeral leave.
Is Bereavement Leave the Same as FMLA?
It is not the same as FMLA, but there can be some overlap. While bereavement itself isn’t classified as a serious health condition, it’s important for employers to recognize that grief can sometimes lead to more complex issues. For instance, the loss of a loved one can sometimes trigger mental health conditions such as depression or anxiety, or even physical illnesses.
If an employee develops a health issue related to grief that meets the definition of a “serious health condition,” it may be covered under the Family and Medical Leave Act (FMLA). Similarly, if an employee develops a condition that substantially limits one or more major life activities, protections under the Americans with Disabilities Act (ADA) might apply.
What Does a Typical Bereavement Policy Look Like?
Every bereavement leave policy is a bit different. Some of the most important parts of the policy that must be spelled out include:
- The number of days an employee can take off, which is usually between one and five days
- Which employees are covered by the policy
- What relatives are covered by the policy
- Who the employee is expected to notify prior to taking their leave
- How employees are expected to communicate the need for leave
- Whether this time off is paid
You’ll also need to specify when an employee is eligible to use bereavement leave after beginning employment, and how long they remain eligible after the death of the family member. For example, the California guideline states that employees are eligible for job-protected bereavement leave after 30 days of employment and can use it up to 3 months after the death of an eligible family member. Your policies can vary, but they should be well-defined.
When adding grief time to your practice’s time-off policies, clarity and compassion go hand in hand. Make sure your policies are explicit about documentation, consistent and applied fairly, but still flexible. Managers should have some discretion in special circumstances. After all, every loss is different.
Is Bereavement Leave Usually Paid?
No, this type of time off is usually unpaid, unless the state specifically requires it. However, there are lots of practices that provide employees with an opportunity to use other paid time off if they would like bereavement or funeral leave to be paid. For example, employees may be able to take sick days, vacation days, or a combination of the two.
It’s not the same as PTO, unless you’ve clearly defined it that way in your employee handbook. No matter how you choose to set it up, giving employees an opportunity to take time off for a death in the family without having to worry about losing their jobs is worth it.
What Else Can You Offer for Grieving Employees?
Beyond standard bereavement leave, thoughtful employers often make extra support available to help employees navigate the challenges that come with losing a loved one. Consider providing access to an Employee Assistance Program (EAP), which can connect team members with counseling services, mental health professionals, or grief support groups.
How HR for Health Can Help
HR for Health can help you set up your wellness benefits, employee handbook, leave policies, practice schedule, and payroll — all from the same portal.
Ready to get started with HR for Health? Contact us today to set up a fifteen-minute consultation and learn more about how HR for Health can help your practice grow.
