Bereavement leave by state

Published: March 7, 2025 | Updated: March 7, 2025 | by Melissa Stein, JD, Legal Editor at Brightmine

Bereavement leave laws require employers to provide time off work following the death of an employee’s family member. State laws differ in the qualifying reasons for leave, length of leave and whether leave must be paid. For instance, some laws limit bereavement leave to the death of a child, while others require additional leave under certain circumstances.

To comply with these state requirements, employers must track not only current requirements, but also future changes.

The chart below provides a high-level overview of bereavement leave laws by state. Note that the chart is specific to bereavement leave; depending on an employee’s situation, other leave requirements may apply (e.g., family and medical leave, leave related to reproductive loss, paid leave for any reason). For an overview of various leave requirements in each state, see Leave laws by state | 50-state chart.

Which states require bereavement leave?

The following states have current or enacted bereavement leave requirements:

Map: Bereavement leave laws by state*

Table: Bereavement leave laws by state*

State	Bereavement leave required	Applicability	Paid or unpaid
Alabama	No	N/A	N/A
Alaska	No	N/A	N/A
Arizona	No	N/A	N/A
Arkansas	No	N/A	N/A
California	Yes	Applies to employers with five or more employees.	Paid if an employer’s existing bereavement leave policy requires paid leave. Otherwise, leave is unpaid.
Colorado	No	N/A	N/A
Connecticut	No	N/A	N/A
Delaware	No	N/A	N/A
District of Columbia	No	N/A	N/A
Florida	No	N/A	N/A
Georgia	No	N/A	N/A
Hawaii	No	N/A	N/A
Idaho	No	N/A	N/A
Illinois	Yes	Applies to employers with 50 or more employees, under Child Extended Bereavement Leave Act. Applies to all employers, under domestic violence and crime victim leave law. Applies all employers covered by the FMLA, under family bereavement leave law.	Leave is unpaid.
Indiana	No	N/A	N/A
Iowa	No	N/A	N/A
Kansas	No	N/A	N/A
Kentucky	No	N/A	N/A
Louisiana	No	N/A	N/A
Maine	No	N/A	N/A
Maryland	Yes	Under the kin care leave law, employers with 15 or more employees that provide paid leave must allow employees to use it for bereavement purposes.	Leave is paid.
Massachusetts	No	N/A	N/A
Michigan	No	N/A	N/A
Minnesota	Yes	Applies to all employers, under sick leave law.	Leave is paid.
Mississippi	No	N/A	N/A
Missouri	No	N/A	N/A
Montana	No	N/A	N/A
Nebraska	No	N/A	N/A
Nevada	No	N/A	N/A
New Hampshire	No	N/A	N/A
New Jersey	No	N/A	N/A
New Mexico	No	N/A	N/A
New York	No	N/A	N/A
North Carolina	No	N/A	N/A
North Dakota	No	N/A	N/A
Ohio	No	N/A	N/A
Oklahoma	No	N/A	N/A
Oregon	Yes	Applies to employers with 25 or more employees, under family leave law. Applies to all employers, under sick leave law.	Under the family leave law, leave is unpaid. Under the sick leave law, leave is paid for employers with 10 or more employees and employers in Portland with six or more employees. Otherwise, leave is unpaid.
Pennsylvania	No	N/A	N/A
Rhode Island	No	N/A	N/A
South Carolina	No	N/A	N/A
South Dakota	No	N/A	N/A
Tennessee	No	N/A	N/A
Texas	No	N/A	N/A
Utah	No	N/A	N/A
Vermont	No	N/A	N/A
Virginia	No	N/A	N/A
Washington	Yes	Applies to all employers, under paid family and medical leave law.	Leave is paid.
West Virginia	No	N/A	N/A
Wisconsin	No	N/A	N/A
Wyoming	No	N/A	N/A

Complying with bereavement leave laws

Bereavement leave law compliance can be time-consuming. As the patchwork of state leave laws continues to become more complex, it is vital that HR teams feel confident in their knowledge of existing and forthcoming leave requirements.

Brightmine can help. With our extensive library of state-by-state guidance, customizable legal update alerts and automated handbook management system, you can spend less time on compliance and more time maximizing business value. Click below and to get started today.