Bereavement Leave: Because “I’m Sorry for Your Loss” Isn’t Enough

No one likes to think about bereavement leave, and it’s easy to skip over the topic in your employee handbook. After all, the death of a loved one tops the list in terms of life’s most difficult experiences.

When one of your team members loses a friend or family member, your response can help them through a difficult time, or it can make things infinitely worse. Employees spend a large part of their day at work, and their relationships with you and your team are important. Failure to respond with compassion and caring can permanently damage that relationship.

When you learn that an employee has lost a loved one, take a private moment to express your condolences. Depending on the situation, you might consider sending flowers from the team or making another appropriate gesture of support.

Ask your employees how they would like you to share the information with other employees, if at all, and whether you can assist in any way. People have many ways of grieving — some prefer absolute privacy, while others appreciate your assistance in communicating with co-workers.

In this situation, preparation is key, so you aren’t scrambling when team members ask about time off. Create a clear, detailed bereavement leave policy for inclusion in your employee handbook so that everyone can access this information as needed.

What Is Bereavement Leave?

When a loved one dies, many people want to be with friends and family to mourn. In addition, there are often dozens of tasks that need doing, from planning a funeral or memorial service to managing financial details.

One of the most important ways you can help team members is to offer time away from work, whether paid or unpaid, so your employees don’t have the stress of trying to complete these tasks outside of their shift. This time, generally referred to as bereavement leave, also offers a break from the hustle and bustle of your busy practice to focus on family.

A bereavement leave policy outlines how this time off works at your practice and ensures you clearly define everything before anyone needs it. This keeps you from being in the awkward position of trying to determine eligibility, amount of time, and terms of payment when your employee tells you of a recent loss.

Is Bereavement Leave Required by Law?

There is no federal law that mandates bereavement leave for employers of any size, though a few states have relevant regulations. For example, under the Oregon Family Leave Act, employers with 25 or more employees must allow up to two weeks of bereavement leave after the death of a family member. This law does not require the leave to be paid.

Other states choose not to have specific bereavement leave requirements, but they do have laws around general leave. For example, beginning in 2021, the state of Maine requires companies with 11 or more employees to provide up to 40 hours of earned paid leave that employees can use for any reason. HR for Health can assist with identifying the relevant laws in your state.

Though the law doesn't require bereavement leave in most places, many employers choose to offer this benefit. Whether paid or unpaid, the time off is crucial for easing the strain of this difficult period. Your employees won’t soon forget your compassion.

Recommended Reading: 2023 Employee Handbook Updates

What Should You Include in a Bereavement Policy?

As you create your bereavement leave policy, there are some decisions to make. Consider factors such as your budget, the size of your team, and the policies in place for practices in your area. Your bereavement leave policy, like all of your benefits, can work to retain your current team members and attract top talent.

Here are some questions to consider:

Will bereavement time be paid or unpaid?
How much bereavement leave time will you allow? Does it differ based on the relationship? For example, three days might be sufficient for participating in services for a grandparent, while team members who lose a child or spouse might need an extended period of time.
Who is eligible for this benefit? For example, is it all employees or just full-time team members?
What options will you offer for employees who need more time? Can they take unpaid leave once they exhaust their bereavement leave?
Which situations qualify for bereavement leave? In many cases, the bereavement leave policy lists specific relationships. For example, parents, grandparents, children, grandchildren, aunts, uncles, nieces, and nephews. It is common to include a provision for any of these relationships by marriage, such as in-laws and step-parents/step-children. Some bereavement leave policies also note that employees who experience the death of a family member who lives with them, regardless of the relationship, can qualify for time away from work.

Finally, be sure to outline the steps team members should take if they wish to request bereavement leave. Who should they notify? Can they enter the request into your attendance management system? What approvals are necessary?

Is Bereavement Leave Paid or Unpaid?

Unless your state has a law that speaks to bereavement leave, you are under no obligation to pay team members for this time off. However, putting your employees in a situation where they must choose between paying their bills and dealing with a personal crisis can wipe out your hard work to create a culture of engagement in your practice. You may determine that offering to pay for some or all of the bereavement leave period has important long-term benefits in terms of your relationship with your employees.

Remember that you don’t necessarily have to offer pay for the entire bereavement leave period. Some practices split paid and unpaid time. For example, two days are paid, but employees can take an additional three unpaid days off — equivalent to a full workweek. An alternative option is to pay out vacation or accrued other time off during this period to keep your employee whole.

Ultimately, you will likely base your decision on your practice’s finances. Paying out for hours not worked can be a heavy burden, particularly if you have to cover those shifts through overtime or temporary staffing solutions. With that said, you may determine that a bit of financial stress is worth the increased well-being of your employees.

Recommended Reading: The Unofficial Guide to Paid vs. Unpaid Leave

How Long Is Bereavement Leave?

The specific amount of time you offer as bereavement leave may differ depending on your employee’s relationship with the deceased. When parents, spouses, and children pass away, your employees may have more responsibilities to manage than they might with other family members.

The needs of your business also play a role in this policy decision. If you can access temporary help or you have other team members interested in overtime, it is less of a hardship for your practice when employees take extended bereavement leave.

Recommended Reading: How to Track Overtime

Should You Request Documentation of the Loss?

At first glance, asking for a letter or copy of an obituary can seem like a no-brainer. It makes sense to collect documentation… doesn’t it? The truth is that even though your intentions are good, this can leave a bad impression on your employees.

Remember, they are going through an especially stressful time, and adding another task to their list doesn’t help. Further, this request implies a lack of trust, which can be a difficult feeling to process while muddling through the death of a loved one.

Pass on the proof of loss and take employees at their word when they request bereavement leave. If you do have concerns about their integrity, address those issues separately as part of a larger conversation.

Recommended Reading: 3 HR Policies You Should Abolish Today

How HR for Health Can Help

Developing any policy is a complex undertaking, and creating your bereavement leave policy is particularly tough. It’s a sensitive topic, and you have to strike a balance between caring for your employees and managing your practice.

HR for Health is your go-to resource for bereavement policy questions and concerns. HR for Health can assist you with:

Advising on the best bereavement policy for your practice.
Implementing a policy in your handbook based on your practice’s needs.
Tracking time off, whether paid or unpaid, electronically.

For more information, schedule a consultation here.

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