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Run: Bereavement Leave Policy

Bereavement Leave Policy template for setting eligibility, leave duration, documentation, and pay coordination after a death in the family. Use it to give ma...

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Purpose

This policy establishes a consistent process for requesting and approving bereavement leave following the death of a covered family member or other covered individual. It is intended to support employees during a difficult time while maintaining operational continuity and compliance with applicable law.

Scope

This policy applies to all employees of the policy holder unless a more generous state, local, or collective bargaining agreement applies. Where applicable law provides greater rights, the law will control. **Jurisdiction-specific carve-outs:** - **California employees:** Bereavement leave requirements may apply under California law, including **California Government Code ยง 12945.7** for eligible employers. - **Illinois employees:** Additional leave rights may apply under the **Illinois Family Bereavement Leave Act, 820 ILCS 154/**. - **Other state/local rules:** Employees in jurisdictions with specific bereavement leave, paid sick leave, or protected leave requirements will receive at least the minimum benefit required by law.

Definitions

For purposes of this policy: - **Immediate family** means spouse, domestic partner where recognized by law or company practice, child, stepchild, parent, stepparent, sibling, grandparent, grandchild, or any other relationship required by applicable law. - **Covered family member** means an individual whose death qualifies the employee for bereavement leave under this policy or applicable law. - **Documentation** means reasonable verification of the death, such as a funeral program, obituary, death notice, or other documentation permitted by law. - **Good-faith notice** means prompt notice to the employee's manager or HR as soon as practicable after the need for leave is known.

Policy Statement

Eligible employees may take bereavement leave for the death of a covered family member or other covered individual as described below. Bereavement leave may be paid or unpaid depending on employee classification, location, and company benefits design. The policy holder will not retaliate against any employee for requesting or taking bereavement leave, reporting a need for leave, or requesting an ADA-related accommodation through the interactive process. Bereavement leave is separate from, and may run concurrently with, FMLA leave if the absence also qualifies as a serious health condition, caregiving leave, or another FMLA-qualifying reason.

Eligibility and Leave Duration

1. **Eligibility:** Employees are eligible after completing any waiting period stated in the employee handbook or offer letter, if applicable. If no waiting period is stated, eligibility begins on the first day of employment. 2. **Standard leave amount:** Eligible employees may take up to **3 working days** of bereavement leave per qualifying death. 3. **Extended leave:** Up to **5 working days** may be approved for the death of an immediate family member, depending on business needs and applicable law. 4. **Multiple losses:** A separate bereavement leave request may be approved for each qualifying death. 5. **Part-time employees:** Leave duration for part-time employees will be prorated only if required by law or if the policy holder applies a consistent, non-discriminatory method. 6. **State-law minimums:** If a state or local law requires a longer leave period or broader relationship coverage, the employee will receive the legally required amount.

Covered Relationships

Bereavement leave may be requested for the death of the following relationships, subject to applicable law and documentation requirements: - Spouse or domestic partner - Child, stepchild, foster child, or legal ward - Parent, stepparent, parent-in-law, or legal guardian - Sibling, stepsibling, or sibling-in-law - Grandparent or grandchild - Any other relationship expressly protected by applicable law or approved by HR on a case-by-case basis **Illinois employees:** Coverage may include pregnancy loss, failed adoption, unsuccessful surrogacy, diagnosis negatively affecting pregnancy or fertility, and other events covered by the Illinois Family Bereavement Leave Act.

Notice, Scheduling, and Documentation

1. **Notice:** Employees should notify their manager or HR as soon as practicable and, when possible, before the leave begins. 2. **Scheduling:** Bereavement leave should generally be taken within a reasonable period after the death, unless the employee requests a delayed memorial, service, or related travel. 3. **Documentation:** The policy holder may request reasonable documentation to confirm eligibility, such as an obituary, memorial notice, death certificate, funeral program, or written statement. Documentation requests will be applied consistently and in a manner permitted by law. 4. **Privacy:** Any documentation collected will be handled as confidential personnel information and shared only with those who have a business need to know. 5. **Alternative proof:** If standard documentation is unavailable, HR may accept a written attestation or other reasonable proof consistent with applicable law.

Pay, Benefits, and Coordination With Other Leave

1. **Pay status:** Bereavement leave is paid or unpaid according to the employee's location, classification, and company benefit plan. 2. **Benefits:** Health insurance and other benefits will continue during approved leave according to the terms of the applicable plan and any legal requirements. 3. **Concurrent leave:** Bereavement leave may run concurrently with FMLA leave, state family leave, paid sick leave, or other protected leave if the absence qualifies under those laws. 4. **FLSA compliance:** Exempt employees' salary deductions, if any, will be made only in a manner permitted by the Fair Labor Standards Act. 5. **Substitution of paid time off:** The policy holder may require or allow employees to use accrued PTO, vacation, or paid sick leave to supplement bereavement leave where permitted by law.

Roles & Responsibilities

- **Employee:** Provide good-faith notice, submit any requested documentation, and coordinate timing with the manager when feasible. - **Manager:** Receive the request promptly, maintain confidentiality, and escalate questions to HR without delay. - **HR / People Operations:** Review eligibility, confirm applicable jurisdictional requirements, approve or deny requests consistently, and maintain records. - **Policy holder:** Apply the policy in a non-discriminatory manner and ensure any accommodation requests are handled through the interactive process when appropriate.

Compliance / Discipline

Failure to follow this policy may result in delay or denial of leave, unless prohibited by law. Misrepresentation of the need for bereavement leave, falsification of documentation, or misuse of leave may result in documented warning, corrective action, up to and including termination, consistent with applicable law and any collective bargaining agreement. The policy holder will not interfere with protected rights under the NLRA, FMLA, ADA, Title VII, or applicable state leave laws, and will not retaliate against employees for requesting protected leave or raising concerns in good faith.

Review & Revision

This policy will be reviewed at least annually and updated as needed to reflect changes in federal, state, and local law, including leave, wage-and-hour, privacy, and anti-retaliation requirements. Revisions must be approved by HR and legal counsel or another designated compliance authority before publication.

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