Federal Bereavement Leave Law (2026)

Whether the U.S. requires time off to grieve and handle a death, how many days, and whether that time is paid.

No state requirement Verified Jul 6, 2026

Compiled and verified by David Scott · Verified Jul 6, 2026

No federal law requires bereavement or funeral leave. The FMLA can apply if grief leads to a serious health condition that needs treatment, but it does not cover time off simply to grieve. Whether you get bereavement leave depends on your state and your employer.

Bereavement leave in the U.S.

Required?

Good to know

Even where the law does not require it, most employers offer some bereavement leave, commonly three to five days for an immediate family member. If your state has no mandate, you may be able to use paid sick leave, PTO, or, if the loss affects your health, the federal FMLA. Ask your employer what their written policy allows. This is general information, not legal advice.

Common questions

Federal bereavement leave FAQ

Does the U.S. require bereavement leave?

No. There is no federal bereavement leave law.

How many days of bereavement leave do you get in the U.S.?

There is no required amount under federal law. A typical voluntary employer policy gives 3 to 5 days for an immediate family member and 1 to 2 days for extended relatives.

Is bereavement leave paid?

It depends on your employer. No state requires stand-alone paid bereavement leave, though some let you use accrued sick or vacation time, and Washington pays through its family-leave program.

Does the FMLA cover bereavement?

Not directly. The federal FMLA does not give time off simply to grieve, but it can apply if the loss leads to a serious health condition, such as depression, that needs treatment.

David Scott

David Scott compiles and verifies minimum wage rates, tipped wages, and overtime rules from official state and federal labor department sources, and re-checks every page when rates change. See how the data is sourced.