What is Bereavement Leave, and How Does it Work in the US

What is Bereavement Leave, and How Does it Work in the US
Dealing with the passing away of someone you love can be a challenging experience. It’s an experience that can actually shape your emotional and psychological health, thus affecting your ability to carry out your daily tasks. As an employer, including bereavement leave in the benefits package will be a good idea. Allowing your employees to report for work during periods of bereavement will not only affect their effectiveness but also make them feel overlooked during moments of greatest need.

So, what is bereavement leave, and why do you need it in an organization? Is there any law backing it? My article below clarifies such matters and more to assist you in developing a business that is empathetic and permits the well-being of workers in times of hardship.

Understanding Bereavement Leave

Bereavement leave is a time off that employees take to mourn the loss of a loved one. Many employers include this perk in their employees’ benefits programs to give space to heal, engage in funeral activities, and be there for their families.

Note that bereavement leave can be paid or unpaid, depending on an employer’s preference. While many state laws encourage unpaid leaves, some companies offer payment during these periods. Others will also prolong the number of days their workers should be off duty. This is so the employees can recharge and come back ready to be more productive.

Simply put, bereavement leave gives employees time off from work without threatening their jobs. Just like you, they need that alone time to navigate this phase with close people that really matter (family or friends).

Significance of Bereavement Leave to Employers

Some people might hold the view that bereavement is a personal issue, not a work-related one. The truth is, in the event of a loss, it influences all areas of the individual’s life, including work.

Since many employers can relate to such situations, more and more employers include bereavement leave in the employee benefit package. A recent SHRM survey indicates that nearly 90% of US companies offer bereavement leave.

Here are some of the reasons why bereavement leave is significant.

1. Compassion and Support

If a company offers bereavement leave, it shows that it looks after its employees. It is stressful and painful to lose a person close to you whom you love. So, allowing time to grieve, without feeling the pressure of work, brings relief and emotional security to employees.

Keep in mind that a humane response amidst bereavement lingers with individuals. It reminds them that they’re not mere numbers or roles but appreciated human beings.

2. Mental Health and Well-being

Grief affects the brain. It makes one confused, tired, depressed, and even sick. It is possible that making someone go back to work right after a death could intensify their grief and even yield long-term health consequences. That’s why recovery time is so important.

Bereavement leave gives employees a chance to rest, rethink, and cope with their feelings. It is time that has proven to enable most to heal emotionally and mentally. This, of course, before diving back into tasks and obligations on a daily basis.

3. Reduced Stress and Burnout

Grief and work are a very challenging combination. While the worker is busy planning funerals, taking care of loved ones, and attempting to navigate their own grief, work is an additional burden. That’s a recipe for burnout.

But giving people time off during this period takes some of that burden away. It allows workers to return to work feeling more grounded and more able to focus.

4. Employee Loyalty and Retention

Staff remember how their employers behaved when times were bad. When a company stands behind them during bad times in personal bereavement, they are more likely to stick with the company in the long run.

In fact, most staff report that they become more loyal to employers who are supportive and sympathetic when times get hard. That kind of trust reduces turnover and creates a more committed workforce.

5. Promotes a Unified Culture

Most workplaces in the US accommodate people from different backgrounds. This means that when tragedy strikes, your workers mourn differently based on various religious or traditional beliefs. It also depends on how emotionally an individual can recover from a loss. While others take time to recover from this process, others take a few days.

When you grant bereavement leave to your employees, it means you respect their preferences or beliefs in such situations. It shows how much you care about them regardless of their backgrounds. As a result, you will be building a unified workplace that makes them feel at home.

6. Adhere to Legal Laws

Most state laws across the US mandate employers to grant bereavement leave to their workers who have lost loved ones. However, these laws do not specifically state whether the leave is paid or unpaid. They only specify how long a mourning employee can stay off duty and those considered as immediate family members.

Many employers find this perk beneficial to their business and workers. Therefore, they have gone a step further to prolong the mourning period so their workers can fully recover. You should also consider doing so as it shows you care, thus building your employer’s reputation and reducing turnover rates.

7. Improves Productivity and Performance

Some managers fear that providing time off compromises productivity. But rushing grieving employees back to work too quickly can cause errors, subpar performance, or absenteeism.

Giving time to mourn brings workers back stronger. They come back with a clear mind and renewed energy, which works for them as well as the organization.

Legal Considerations

In the United States, policies for bereavement are regulated primarily at the state level. Note that there really aren’t any federal bereavement leave policies. As an employer, it’s essential to know the law in order to comply and be able to help your employees in the right way.

Federal Law: Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act of 1993 does not, in itself, sanction bereavement leave. It does, however, entitle covered employees to absence for a maximum period of 12 weeks of unpaid leave for one of the listed family or medical reasons, which are:

• The birth and care of a new child.
• The adoption process of a child or placement of a child in foster care.
• Caring for the health of a close family member, a child, spouse, or parent. This is if they are gravely ill with a critical illness
• The serious health issue of the employee.

Though bereavement is not a reason under FMLA, some bereavement situations, under the death of a family member, qualify for FMLA leave. One such instance is when an employee becomes seriously ill due to losing a loved one and is granted FMLA leave. There is also provision for the death of a covered military member’s leave under FMLA.

State Laws on Bereavement Leave

A few states in the US have enacted legislation that requires employers to provide bereavement leave. The legislation varies with respect to eligibility, length, and whether the leave is paid or unpaid. Employers must cross-check their state legislations to adhere.

Let us find out about a few of these bereavement leave legislations in various states in the US.

• California: As of January 1, 2023, employers with five or more workers are required to grant up to five unpaid days of bereavement leave in the event of a family member’s death.
• Oregon: According to the Oregon Family Leave Act, qualifying employees are entitled to take up to two weeks of bereavement leave per deceased family member. This caps out at 12 weeks annually.
• Illinois: The Child Bereavement Leave Act allows qualified employees to take up to two weeks (10 working days) of unpaid leave in the case of the loss of a child. Recent legislation expanded this to include other relatives.
• Maryland: There is no Maryland law requiring bereavement leave. However, the Maryland Flexible Leave Act does allow employees to take accrued paid leave for bereavement.
• Washington: The Washington Family Leave Act permits employees to use accrued paid leave for bereavement.

Creating a Supportive Corporate Culture

Bereavement leave is not merely a legal or administrative necessity. It’s part of a compassionate corporate culture. Employers should create a supportive company culture through the following practices.

1. Lead with Empathy and Transparency

Leadership has to create a tone by acknowledging grieving as an actual, intensely subjective process. Managers and executives can lead the way. That involves being sensitive, being flexible, and allowing open discussion of loss. Creating an environment in which workers feel it is okay to discuss their emotional requirements without suffering reprisal or stigma results in long-term loyalty and trust.

2. Guarantee Support Work-Life Integration, Not Balance

In America, there is a growing recognition that supporting employees during bereavement also means adapting to the character of their lives. This includes offering flexible bereavement leave policies, allowing hybrid or remote work arrangements while grieving, and recognizing that grief does not occur on a scripted timeline. Request managers to be proactive in staying in touch and making personal accommodations as needed.

3. Cultural and Emotional Intelligence Empower Managers

Grief works differently among different people, families, and cultures. Therefore, provide training to HR staff and managers on how to have conversations on grief sensitively. In a multicultural country like the U.S., there can be vastly disparate grief customs based on the traditional and faith backgrounds of the employees. Knowledge of such customs can avoid unwittingly exclusionary and dismissive behavior.

4. Recognize and Respect Diverse Grieving Traditions

Even though U.S. law does not require employers to accommodate specific mourning customs, inclusive workplaces generally do better. Consider offering paid time off for culturally unique rites or observances. For example:

• Jewish employees might observe shiva, a seven-day ritual. While U.S. employers are not legally required to do so, some opt to offer more substantive leave or facilitate flexible scheduling.
• Christian customs may include funeral masses, wakes, and church functions that may take multiple days.
• Muslim employees may need time for janazah (funeral prayer) and up to three days for mourning, typically tightly meshed with religious community functions.
• Native American or indigenous staff may be engaged in tribe-specific customs involving extended family and community ceremonies.

5. Create Space to Remember and Honor

There are new avenues for some American companies to commemorate the lives of loved ones of employees. They include having optional memorial sessions or “remembrance walls” upon which employees can leave photos or messages. You may also instill charity donations in memory of the deceased. And to further instill your business culture of acknowledging loss, offer digital memory boards or internal forums for grieving messages.

6. Normalize Grief Literacy within the Workplace

Foster continuous learning about grief and mental health. Consider providing grief support groups, access to Employee Assistance Programs (EAPs), and specially selected resources from organizations such as the National Alliance for Children’s Grief or Grief Recovery Institute. These resources normalize conversations about loss and lead employees toward healing.

Conclusion

Bereavement leave is a key part of creating a concerned and empathetic working culture. You, as an employer, will have to be law-abiding and, at the same time, include inclusive practices that are sensitive to numerous beliefs from many cultures. This will enable you to create a relaxed working culture where your employees feel valued and cared for when they most need it.

If you have not implemented the best bereavement leave practices in your company, now is the time. Review your company’s bereavement leave policy so it is both legal and within your company’s values.

While bereavement leave programs will stem the levels of turnover, it all starts with hiring the right people. So don’t wait. Contact Online Recruiters Directory experts to connect with high-level recruiting firms, staffing agencies, and headhunters tailored to your needs. The best hiring professionals guarantee a quality hire willing to stick around long-term.