In this series, we will explore some of the ways states vary from one another in their employment laws.

While employers frequently allow employees to take some time off work following the death of a close family member, federal law does not mandate paid or unpaid bereavement leave. In the absence of a federal law, some states have stepped in and provided entitlements to leave following the death of a loved one.

Illinois, California, and Oregon have standalone bereavement leave entitlements. The Illinois Family Bereavement Leave Act provides the most generous benefit. The Illinois statute applies to employers with 50 or more employees. An employee is eligible for up to 10 days of unpaid leave for the death of a covered family member and for several other qualifying events such as a failed adoption or surrogacy agreement, miscarriage, stillbirth, or unsuccessful IVF treatment. If a second qualifying event occurs in the same year, the employee can take up to six total weeks of unpaid bereavement leave. To qualify for bereavement leave, an employee must have been employed for at least one year and have worked at least 1,250 hours in the preceding year. 

California provides up to five days of unpaid bereavement leave following the death of a covered family member or a reproductive loss. Oregon provides up to two weeks of unpaid leave per death of a covered family member.

Colorado, Maryland, and Minnesota do not have standalone bereavement laws, but allow employees to use accrued paid leave. Vermont has a new parental and family leave act that allows qualified employees to take up to 10 days of unpaid bereavement leave.