Introduction

When a family member passes away, most employees take time off to attend funerals and grieve for the loss of their loved ones. Unfortunately, there is no mandated federal or New Jersey private sector bereavement leave policy at this time. Enlightened employers provide such leave, if at all, as a matter of policy.

Bereavement Leave Defined

Bereavement leave is time off from your place of employment to attend a funeral of a family member. This type of leave is most often paid leave due to the loss of a family member. The terms of your entitlement depend solely on your employee handbook and internal policies, or collective bargaining agreement (union). Upon a family member’s death, an employee may apply for bereavement leave if they are entitled to it. If this option is not available, some companies offer Paid Time Off or accumulated sick or annual leave time as an alternative.

If the paid time off is used for bereavement leave, the employer may require the employee to provide documentation regarding the death. For any amount of paid time off in excess of the minimum amount required, an employer should designate how much of that paid time, if any, is specifically designated as bereavement leave.

Determine Company Policy

Employees should review employee handbooks or online policies to see if the employer has a bereavement-specific policy already in place. This policy generally covers which types of relationships are covered under the policy and how much time off the employee may be entitled to. Most company bereavement policies only cover the employee’s spouse, parents, children, and siblings.

Typical leave length is between one and three days, but this can vary by company policy and it’s likely that your time off may be unpaid. This should be stated within your company’s policy. If the paid time off is specifically for bereavement leave, the employer may require documented proof surrounding your leave of absence.

Additional Suggestions

If none of the above suggestions work, you have the option of discussing the matter in further detail with HR or your supervisor. He or she may be sympathetic to your situation and grant you the time off, whether paid or unpaid.

“What if My Employer Disputes My Bereavement Leave Request?”

If you cannot reach an agreement with your employer, contact an experienced employment attorney to provide you with guidance during this difficult time. Sometimes adding a lawyer’s touch to the mix will produce favorable results.