Bereavement Leave Entitlements Across U.S., by State

In the United States, bereavement leave policies are less standardized than in Canada, as no federal law mandates grief leave. However, several states have enacted bereavement leave policies, particularly for public employees, and some employers offer leave through company policies or union agreements. Below is a breakdown of state-level policies where applicable, with additional information on company policies and collective agreements.

Here is the complete table with U.S. state-by-state bereavement leave information:

State	Length of Leave	Paid or Unpaid	Immediate Family Definitions & Eligibility Notes	Link to Resource
Alabama	No mandatory leave	Varies by employer	Bereavement leave typically offered through company policies; no state requirement.	Alabama Department of Labor
Alaska	No mandatory leave	Varies by employer	Employer discretion; no state mandate for bereavement leave.	Alaska Department of Labor
Arizona	No mandatory leave	Varies by employer	Leave policies vary by employer; generally unpaid and not state-mandated.	Arizona Labor Department
Arkansas	No mandatory leave	Varies by employer	Bereavement leave offered per employer policy; no state requirements.	Arkansas Department of Labor
California	Up to 5 days	Unpaid	Required for employers with 5+ employees; immediate family includes spouse, children, parents, and siblings.	California Leave Laws
Colorado	No mandatory leave	Varies by employer	Bereavement policies vary by employer; not required by state law.	Colorado Department of Labor
Connecticut	No mandatory leave	Varies by employer	Employer-specific policies; bereavement leave often unpaid.	Connecticut Labor Department
Delaware	No mandatory leave	Varies by employer	Leave typically based on employer policies; no state mandate.	Delaware Department of Labor
Florida	No mandatory leave	Varies by employer	Employers may offer bereavement leave; no state requirement.	Florida Department of Economic Opportunity
Georgia	No mandatory leave	Varies by employer	Bereavement leave generally employer-defined; no state mandate.	Georgia Department of Labor
Hawaii	No mandatory leave	Varies by employer	Bereavement leave may be offered by employers at their discretion.	Hawaii Employment Laws
Idaho	No mandatory leave	Varies by employer	Employer-determined leave; no state requirement.	Idaho Department of Labor
Illinois	2 weeks for child loss	Unpaid	The Illinois Child Bereavement Leave Act provides leave for child loss; immediate family only.	Illinois Child Bereavement Act
Indiana	No mandatory leave	Varies by employer	Leave is determined by employer policy; not state-required.	Indiana Department of Labor
Iowa	No mandatory leave	Varies by employer	Bereavement leave generally employer-provided, with no state mandate.	Iowa Workforce Development
Kansas	No mandatory leave	Varies by employer	Employer-provided leave policies; state law does not mandate bereavement.	Kansas Department of Labor
Kentucky	No mandatory leave	Varies by employer	Employer discretion for bereavement leave; not required by state.	Kentucky Labor Cabinet
Louisiana	No mandatory leave	Varies by employer	Bereavement leave generally covered by company policies; not mandated.	Louisiana Workforce Commission
Maine	No mandatory leave	Varies by employer	Typically employer-provided; no state bereavement leave mandate.	Maine Department of Labor
Maryland	Limited (public employees)	Paid	Public employees are eligible for leave for death of immediate family.	Maryland State Policies
Massachusetts	No mandatory leave	Varies by employer	Leave usually provided by employers; not state-mandated.	Massachusetts Employment Rights
Michigan	No mandatory leave	Varies by employer	Typically employer-provided; no state requirements for bereavement leave.	Michigan Department of Labor
Minnesota	No mandatory leave	Varies by employer	Bereavement leave employer-defined; no state law requirement.	Minnesota Department of Labor
Mississippi	No mandatory leave	Varies by employer	Leave is typically provided by employers and not mandated by the state.	Mississippi Department of Employment Security
Missouri	No mandatory leave	Varies by employer	Bereavement leave generally employer-determined; no state mandate.	Missouri Department of Labor
Montana	No mandatory leave	Varies by employer	Employer-specific policies; no state bereavement requirement.	Montana Department of Labor
Nebraska	No mandatory leave	Varies by employer	Typically offered by employers; not state-mandated.	Nebraska Department of Labor
Nevada	No mandatory leave	Varies by employer	Bereavement leave often provided at employer discretion.	Nevada Department of Employment
New Hampshire	No mandatory leave	Varies by employer	Employer-defined leave policies; no state requirement.	NH Department of Labor
New Jersey	No mandatory leave	Varies by employer	Bereavement leave generally employer-defined; no state requirements.	NJ Department of Labor
New Mexico	No mandatory leave	Varies by employer	Employers may provide leave at their discretion; no state mandate.	New Mexico Department of Workforce Solutions
New York	3 days (public employees)	Paid	Public employees eligible for bereavement leave for immediate family.	New York State Employee Leave
North Carolina	No mandatory leave	Varies by employer	Leave policies are employer-determined; no state-mandated bereavement leave.	NC Department of Labor
North Dakota	No mandatory leave	Varies by employer	Employer policies determine leave; no state requirements.	ND Department of Labor
Ohio	No mandatory leave	Varies by employer	Typically covered by employer policies; not state-required.	Ohio Department of Job and Family Services
Oklahoma	No mandatory leave	Varies by employer	Bereavement leave policies are employer-provided; no state mandate.	Oklahoma Employment Security Commission
Oregon	Up to 2 weeks	Paid/Unpaid	Required for employers with 25+ employees; immediate family defined as spouse, child, parent, grandparent.	Oregon Family Leave Act
Pennsylvania	No mandatory leave	Varies by employer	Bereavement leave generally determined by employer policies.	PA Department of Labor
Rhode Island	No mandatory leave	Varies by employer	Employer discretion; no state bereavement mandate.	RI Department of Labor
South Carolina	No mandatory leave	Varies by employer	Typically determined by employer; not required by state.	SC Department of Employment
South Dakota	No mandatory leave	Varies by employer	Bereavement leave generally employer-determined; not state-mandated.	SD Department of Labor
Tennessee	No mandatory leave	Varies by employer	Typically employer-defined policies; not state-required.	TN Department of Labor
Texas	No mandatory leave	Varies by employer	Employer-defined leave policies; no state requirement.	Texas Workforce Commission
Utah	No mandatory leave	Varies by employer	Typically employer-provided; not mandated by state.	Utah Department of Workforce Services
Vermont	No mandatory leave	Varies by employer	Employer policies usually determine leave; no state requirement.	VT Department of Labor
Virginia	No mandatory leave	Varies by employer	Leave policies are typically employer-specific; no state-mandated leave.	Virginia Employment Commission
Washington	Limited (public employees)	Paid/Unpaid	Available to public employees for immediate family members.	Washington State HR
West Virginia	No mandatory leave	Varies by employer	Bereavement leave is generally employer-provided; no state mandate.	WV Division of Labor
Wisconsin	No mandatory leave	Varies by employer	Leave policies are employer-determined; no state mandate.	Wisconsin Department of Workforce Development
Wyoming	No mandatory leave	Varies by employer	Employer policies generally govern leave; not state-required.	Wyoming Department of Workforce Services

General Overview and State-Specific Notes

In the absence of federal mandates, U.S. employers frequently define bereavement leave terms individually or through collective bargaining agreements. Here’s what to keep in mind across the states:

States with Bereavement Leave Laws:

• California: Requires private-sector employers with more than five employees to offer up to five days of unpaid bereavement leave, covering immediate family such as spouse, children, parents, and siblings.
• Illinois: Offers specific bereavement leave for child loss under the Illinois Child Bereavement Leave Act, which provides up to 2 weeks of unpaid leave.
• Oregon: The Oregon Family Leave Act (OFLA) mandates bereavement leave, giving up to two weeks of paid or unpaid leave for the death of immediate family members for companies with 25+ employees.
• Maryland: Only public employees are covered under Maryland’s policies, allowing limited paid leave for immediate family bereavement.
• New York and Washington: Both states mandate bereavement leave for public employees covering immediate family members, with paid options for many roles.

Definitions of Immediate Family: In states with bereavement laws, “immediate family” typically includes the spouse, children, parents, siblings, grandparents, and occasionally in-laws. Some employers extend this definition for cases of close kin or households with a strong family bond.

Employer-Provided Bereavement Leave: In most states without specific policies, bereavement leave is offered at the employer’s discretion. Larger companies and those with collective bargaining agreements are more likely to offer structured bereavement leave policies. Additionally, some states like Massachusetts and Colorado have no mandatory bereavement leave but encourage leave as part of employer policies, often defining “immediate family” more broadly to include other close relations.

Special Circumstances and Collective Agreements

Public sector and unionized employees often have additional bereavement leave benefits, particularly in states with more progressive labor standards:

• Collective Agreements: Many union contracts include defined bereavement leave benefits, which may be broader in coverage than state minimums.
• Public Employees: States such as Maryland, New York, and Washington offer paid bereavement leave specifically for public employees, covering a broader definition of immediate family.

Federal Provisions and Employer Policies

Although no federal law mandates bereavement leave, the Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid leave for serious family illness or caregiving, which can apply to end-of-life care. However, FMLA does not specifically cover bereavement leave for the death of a loved one.

For employees not covered by state or employer-specific policies, reviewing their company’s HR policies or collective agreements will provide details on available bereavement leave. Many organizations also allow flexibility in other forms of leave (such as personal or vacation time) for bereavement if specific policies do not exist.

This U.S. breakdown provides guidance on navigating bereavement leave entitlements across states. For specific details or eligibility, it’s best to consult state labor offices or employer HR departments for the latest information.