By Apex HRO | HR Compliance & Policy Resources

When an employee loses a family member, one of the first calls they make is often to their employer. As a small business owner, knowing how to respond — and what you’re legally required to offer — is more important than ever. Bereavement leave requirements for small businesses have expanded significantly in recent years, and staying compliant means staying informed.

At Apex HRO, we help small businesses navigate exactly these kinds of evolving compliance requirements. Here’s what you need to know about bereavement leave in 2026.

Are Employers Required to Provide Bereavement Leave?

The short answer is: it depends on where your employees work.

Eight states and several local jurisdictions now require employers to provide bereavement leave specifically. Additionally, three states and four local jurisdictions have enacted paid time off for any reason laws — which employees can use for bereavement purposes. If your business operates in any of these locations, your policy must align with the applicable law.

State-by-State Breakdown

California

Employers with five or more employees must offer up to five days of bereavement leave for the death of a family member. Unless the employer already has a paid bereavement leave policy, this leave may be unpaid — however, employees are entitled to use accrued sick leave or other paid time off for this purpose.

Colorado

All employers must provide paid sick leave to employees. Colorado expanded this requirement so that employees may also use accrued paid sick leave to grieve, attend funeral services or memorials, or handle financial and legal matters following the death of a family member.

Maryland

Under the Maryland Flexible Leave Act, employers with 15 or more employees that provide paid leave must allow employees to use that leave after the death of a child, spouse, or parent.

Minnesota

All employers must provide paid sick leave that employees can use to make arrangements for or attend funeral services or memorials, or to address financial and legal matters following a death. In 2025, both Minneapolis and St. Paul amended their local paid sick leave laws to include the same protections.

Oregon

Employers with 25 or more employees must provide unpaid bereavement leave under the Oregon Family Leave Act — up to two weeks per family member, with a maximum of four weeks per leave year. Employees may also use accrued sick leave for bereavement-related absences.

Vermont

Effective 2025, employers with 10 or more employees must provide unpaid leave for the death of a family member or to settle an estate — up to two weeks (10 workdays), with no more than five consecutive days taken at one time.

Washington

Under Washington’s paid family leave law, employees are entitled to up to seven days of wage replacement benefits following the death of a child. As of January 1, 2026, job protection provisions were expanded to cover employers with 25 or more employees.

Illinois

Employers with 50 or more employees must provide up to two weeks of unpaid bereavement leave for the death of a family member. Illinois expanded its requirements in 2024 for employees who lose a child to suicide or homicide:

States with Paid Leave for Any Reason (Including Bereavement)

Some states and jurisdictions have enacted broader paid leave laws that employees can use for any purpose — including bereavement:

Which Family Members Are Covered?

The definition of covered family members varies by state and local jurisdiction — and the differences can be significant. California’s law covers a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. Minnesota’s definition is considerably broader and includes extended family members, in-laws, and even one individual annually designated by the employee.

The takeaway: Don’t assume your current policy covers all the family relationships required by your state’s law. Review the specific definitions in your applicable jurisdiction and update your policy accordingly.

Frequently Asked Questions

How much bereavement leave should I offer if it’s not required?

Employers that voluntarily offer bereavement leave typically provide at least three days. Your policy should clearly state whether the allotment is per calendar year or per death in the family.

Can I limit eligibility to full-time employees or require a waiting period?

If your state or local law requires bereavement leave, that law will typically include its own eligibility rules. Where leave isn’t required, you generally have flexibility to set your own rules — such as limiting leave to full-time employees or requiring a minimum tenure of 90 days. Whatever your rules, they should be clearly stated in writing and applied consistently.

Can bereavement leave be unpaid?

Employers that voluntarily offer bereavement leave may choose to make it unpaid, though many allow employees to use accrued paid leave during the absence. Your written policy should clearly address how pay is handled. Under the FLSA, deductions from an exempt employee’s salary are permitted when the employee is absent for personal reasons such as attending a funeral.

Can I require documentation?

In jurisdictions where bereavement leave is required by law, the law will specify what documentation may be requested. In California, for example, employers may request a death certificate, obituary, or written verification from a funeral home — and the employee has 30 days to provide it. In jurisdictions with paid leave for any reason laws, employers are typically prohibited from requesting documentation at all.

What Should You Do Now?

Bereavement leave compliance isn’t just about checking a box — it’s about supporting your employees during some of the most difficult moments of their lives, while also protecting your business. Here’s what we recommend:

  1. Review your current bereavement leave policy against the laws in every state and city where your employees work
  2. Update your employee handbook to reflect current requirements and clearly define eligible family members, leave duration, pay treatment, and documentation requirements
  3. Train your managers on how to apply the policy consistently and compassionately
  4. Apply the policy consistently to all employees — inconsistent application is one of the most common sources of employment claims

How Apex HRO Can Help

Keeping up with state and local leave law changes is one of the most time-consuming aspects of HR compliance — especially for small businesses operating across multiple locations. At Apex HRO, we monitor these changes so you don’t have to, and we help you build policies that keep your business protected and your employees supported.

Here’s what makes us different:

Have a question about your bereavement leave policy or other HR compliance matters? Contact Apex HRO — no contracts, no commitments. Pay only for what you need.

Get Started Today → https://apexhro.com/get-started