Who is considered immediate family for bereavement leave?

Losing a loved one can be a challenging journey. During these times, it is crucial to have the support and flexibility to grieve. Bereavement leave offers employees time off from work to cope with the death of a family member. Most employers will give you time off for bereavement. But who is considered immediate family for bereavement leave?

What does bereavement leave entail?

Bereavement leave is a type of absence that allows employees to take time off when a family member dies. Its purpose is to provide individuals with an opportunity to mourn, participate in funeral services, and handle arrangements.

There are some legal considerations, such as:

Laws and Regulations: The availability and specifics of bereavement leave can vary significantly depending on your location. It's essential to be aware of any state or local laws that might apply especially when determining who qualifies as a family member for bereavement.

Company Policies: Employers often establish their policies around bereavement leave, which may differ in terms of eligibility criteria and the duration of leave. This includes defining individuals recognized as family members within the context of bereavement leave.

Who is eligible?

Not all employees are eligible for bereavement leave. Eligibility criteria may vary from employer to employer. In general, eligibility is based on these factors:

• Employment status: Full-time (and sometimes part-time) employees are more likely to qualify than temporary or contract workers.
• Length of service: Some companies require employees to meet a minimum length of service before taking bereavement leave.
• Immediate family members: Bereavement leave is typically reserved for immediate family members. This is why it’s crucial to understand who is considered immediate family for bereavement leave.

Length and paid vs. unpaid

The length of bereavement leave and whether it is paid or unpaid may vary. Some employers offer a set number of paid days, while others offer unpaid time off or allow employees to use accrued paid time off (PTO) for paid bereavement leave.

Different company approaches

Companies have different approaches to bereavement leave. Some may offer additional benefits, such as extended leave or counseling services, to support grieving employees. This can vary in terms of leave for bereavement and the flexibility offered in terms of work schedule.

Who is considered immediate family for bereavement leave?

Definition of immediate family

Immediate family members are typically defined as those who are closely related by blood, marriage, or legal adoption. While this definition is generally consistent, there can be variations in specific policies. This is especially important when determining who qualifies as immediate family for bereavement.

What is classed as a close family bereavement?

Bereavement leave policies that include eligibility for these family members are designed to address the legal, emotional, and practical considerations associated with the loss of their loved ones:

• spouse or domestic partner
• children (biological, adopted, and stepchildren)
• parents (mother and father)
• siblings (brothers and sisters)

We’ll explain further why these family members should be eligible for bereavement leave:

Spouse or Domestic Partner:

Legal responsibility: Legally recognized spouses and domestic partners are considered immediate family members.

In most jurisdictions, marriage and domestic partnerships come with a range of legal rights and responsibilities, including inheritance, medical decision-making, and financial support. Recognizing the loss of a spouse or domestic partner as grounds for bereavement leave is consistent with these legal obligations.

Emotional impact: The loss of a spouse or domestic partner is one of the most significant and emotionally challenging events an individual can experience. Grief in such cases can be overwhelming, and employees need time to process their emotions, make funeral arrangements, and attend to any legal matters that may arise, such as estate settlements.

Children (Biological, Adopted, and Stepchildren):

Legal responsibility: Parents have legal responsibilities towards their children, including financial support, guardianship, and decision-making in the best interests of the child.

When a child dies, parents must deal with the emotional impact of the loss, arrange for the child's funeral and burial, and potentially manage legal matters.

Emotional impact: The loss of a child, whether they are biological, adopted, or a stepchild, is an extremely traumatic event. Bereavement leave for parents in such situations is essential to provide them with time to grieve, make necessary arrangements, and support any surviving family members who are also affected.

Parents:

Emotional impact: The loss of a parent is a deeply emotional and life-altering event. Parents play a significant role in an individual's life, both emotionally and, in some cases, financially.

Bereavement leave for the loss of a parent recognizes the emotional toll this event takes on an employee and allows them time to attend to funeral arrangements, handle legal matters related to the parent's estate, and provide support to other family members who may be affected.

Siblings:

Emotional impact: Siblings often share a unique bond and have a profound impact on each other's lives. The loss of a sibling can be emotionally devastating, and individuals may need time to grieve, attend memorial services, and support other family members.

Special Cases

While the immediate family typically includes the members mentioned above, some employers may include additional family members, such as in-laws.
Some policies consider the loss of parents in law eligible for bereavement leave. They include:

• Company size: larger companies are more likely to offer bereavement leave for in-laws. They may have more resources to afford paid bereavement leave, and they may be more aware of the needs of their employees.
• Company culture: some companies have a more progressive culture that values diversity and inclusion. These companies may be more likely to offer bereavement leave for in-laws to support their employees and their families.
• Industry: some industries, such as healthcare and social services, are more likely to offer bereavement leave for in-laws. These industries employ many women, who are more likely to be primary caregivers for their families.
• State laws: some states in the US have laws that require employers to offer bereavement leave for in-laws. For example, California and Illinois require employers to offer up to three days of paid bereavement leave for the death of an in-law.           

These considerations might also apply to grandparents and aunts/uncles. A few employers extend bereavement leave to aunts and uncles, particularly if they played a significant role in the employee's life.

Legal Variations

Legal definitions and employer policies can vary. Always refer to company policy or local laws for specific information on who qualifies as immediate family for bereavement.

Bereavement Leave Process

1. Requesting Leave

Employees should follow company's procedures for requesting time off. They should contact their supervisor or HR as soon as possible, specifying the days of paid or unpaid leave required.

2. Documentation Requirements

Employers may request documentation, such as a death certificate or obituary, to verify the need and eligibility for bereavement leave.

3. Length of Leave

The length of bereavement leave can vary but often ranges from a few days to a week. It all depends on the employee’s relationship with the deceased and the company's policy on working days and leave duration.

4. Notification to Employers

Staff should keep their employer informed of any changes or extensions to leave. They should return to work according to the agreed-upon schedule or work schedule.

Why does bereavement leave only last 3 days?

In the US, bereavement leave is often just 3 days, as there's no federal mandate; it's up to employers. An exception is California: a new law now requires employers to offer up to 5 days of bereavement leave. This applies to employees who have been with the company for at least 30 days.

California Expands Bereavement Leave Benefitshttps://t.co/R8fH0znihS#cdflaborlaw #caemplaws #bereavement #beareavementlaw #hr #HumanResources pic.twitter.com/Pk16Y93r8L

— CDF (@CDFLaborLaw) October 6, 2022

While the usual 3 days may seem short and everyone grieves differently, some firms allow their employees to take more leave and have flexibility during funerals.

And just to be clear, employees can take FMLA leave to care for a sick family member, but not for bereavement leave.

How many days of bereavement do you get for an aunt or uncle?

Employers usually grant bereavement leave for immediate family like spouses, children, parents, siblings, and sometimes aunts, uncles, and cousins. Policies vary, so employees should check with HR for the number of days offered.

If employees need more time, HR should consider suggesting vacation or personal days as options.

It's crucial for employees to take the time they need to grieve and manage practical matters. Support from their managers, colleagues, and HR can make a difference. And it all starts with establishing who is considered immediate family for bereavement leave. Losing a loved one is never easy, but employer support can help lighten the burden.

Join the conversation below: who, in your opinion, should qualify as immediate family for bereavement leave?