Creating a Bereavement Leave Policy

Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice

Introduction

The Genie AI team understands the importance of having a comprehensive bereavement leave policy in place. No matter the size or scope of an organization, bereavement leave policies are essential components of any employee benefits package and employers must be aware of what could happen in their absence.

The death of a loved one is a tragically difficult time for anyone, filled with grief and anguish. That’s why it is so important for those who are grieving to have access to the necessary time off to cope with the loss - something that can only really be achieved through an appropriate bereavement leave policy.

Having such a policy in place not only ensures that employees have the assurance that their job will remain secure while taking time off to grieve, but also strengthens employers’ relationships with their employees through mutual understanding and compassion during this testing time. Studies have even shown that those given the opportunity to take necessary time off after suffering such a loss can return to work more quickly and perform better than those without access to such provisions.

It is important for companies to recognize how essential these policies are, as well as understand how they should be tailored specifically for their organization and its employees - taking individual circumstances into account when deciding upon length of absence or other considerations. Employers must also make sure their bereavement leave policy is clearly communicated and understood by all staff members, so they know their rights under it when needing extra support.

At Genie AI, we offer free bereavement leave templates as part of our vast open source legal document library which has been created by millions datapoints teaching our artificial intelligence (AI) what constitutes market-standard regulations within this field. By using our step-by-step guide below, you can create your own high quality legal document without needing an account with us or even consulting with a lawyer – we just want to help! So if you’re looking for guidance on creating your bereavement leave policy today, read on below for more information about access our template library now!

Definitions

Eligibility Requirements: Requirements that must be met in order to receive a benefit, in this case bereavement leave.
Leave of Absence: A period of time during which an employee is not required to report to work.
Flexible Work Arrangements: Different types of work schedules that allow employees to have more control over their work schedule, such as working from home.
Paid: Receive money for providing a service or doing a job.
Unpaid: Not receive money for providing a service or doing a job.
Full-Time: Working a set number of hours that are considered to be a normal working week.
Part-Time: Working fewer hours than a full-time position.
Probationary Period: A period of time when a new employee is given a chance to prove themselves and their skills to a company before they can be permanently hired.
Prorated Amount: A payment or amount that is proportional to the amount of work done.
Bereavement Counseling: Professional help and support to people who are grieving or going through a difficult time.
Financial Assistance: Money or other resources given to help pay for something.
Intranet: A computer network that is used within an organization or company.
Review Process: A process of assessing and evaluating something to determine its quality or validity.
Administrative Details: Tasks or procedures related to the management of an organization or business.
Family and Medical Leave Act (FMLA): A federal law that requires employers to provide certain employees with job-protected leave for qualified medical and family reasons.

Contents

1. Understanding the Purpose of a Bereavement Leave Policy
2. Defining Eligibility Requirements
3. Which specific types of employees are eligible
4. Who is responsible for determining eligibility
5. Designating the Type of Leave
6. Paid or unpaid
7. Leave of absence or flexible work arrangements
8. Setting the Duration of Leave
9. Number of days
10. How many days are considered full-time or part-time
11. Any exceptions for particular circumstances
12. Identifying Bereavement Leave Benefits
13. Any additional benefits beyond normal leave of absence
14. Any potential financial assistance
15. Communicating the Policy to Employees
16. How the policy will be communicated
17. Who is responsible for communicating the policy
18. Establishing a Review Process
19. Who is responsible for reviewing requests for bereavement leave
20. How requests will be reviewed
21. How disputes will be handled
22. Handling the Administrative Details
23. How the leave will be documented
24. How the employee’s role will be managed during their absence
25. Who will be responsible for the employee’s duties while they’re away
26. Ensuring Compliance with Local and Federal Laws
27. Understanding the relevant laws and regulations
28. Making sure the policy is in compliance with the relevant laws
29. Creating a Supportive Environment for Employees Experiencing Grief
30. How the organization will support bereaved employees
31. How employees can access additional resources for grief counseling
32. What initiatives will be in place to promote a supportive workplace culture

Get started

Understanding the Purpose of a Bereavement Leave Policy

• Understand the purpose of a bereavement leave policy: it provides employees with time off to grieve the death of a family member or friend
• Consider the needs of your company and employees in creating a bereavement leave policy
• Research bereavement leave policy laws and regulations in your state and country
• Determine what type of bereavement leave you’ll offer: paid or unpaid, or a combination of both
• Decide how many days of bereavement leave you’ll offer
• Once you have a clear understanding of the purpose of a bereavement leave policy, you can check this step off your list and move on to the next.

Defining Eligibility Requirements

• Establish clear and concise eligibility requirements for bereavement leave
• Consider including language that allows employees to use bereavement leave for close family members such as a spouse, parent, grandparent, sibling, child, or grandchild
• Review any existing policies to ensure they align with the new bereavement leave policy
• Ensure that the eligibility requirements are clearly communicated to all employees
• Check off this step when all eligibility requirements have been established and communicated to employees.

Which specific types of employees are eligible

• Determine which types of employees must be included in the bereavement leave policy. This could include full-time, part-time, and temporary employees.
• Decide whether the policy should be extended to dependents or other family members of employees.
• Outline any specific requirements that must be met for an employee to be eligible. Examples could include length of employment or job classification.
• Once the eligibility requirements have been determined, document the policy in a clear and concise manner.
• Once the policy has been documented, review it with relevant staff to ensure all necessary details are included.
• Check this off your list once you are confident the policy outlines all necessary information regarding the eligibility of different types of employees.

Who is responsible for determining eligibility

• Determine who will be responsible for determining employee eligibility for bereavement leave.
• This may be the HR department or another designated department or individual.
• Consider if you need to create criteria or guidelines for eligibility.
• When you have determined who will be responsible for determining eligibility and set any applicable criteria, you can check this off your list and move on to the next step.

Designating the Type of Leave

• Decide whether bereavement leave will be paid or unpaid.
• Consider the company’s budget, the employee’s relationship to the deceased, and the length of leave required when making the decision.
• Create a policy that specifies the type of leave and the length of time it will be provided.
• Once the policy has been created and approved, you can move on to the next step.

Paid or unpaid

• Decide whether bereavement leave will be paid or unpaid
• Consider factors such as the length of time and the employee’s financial situation when making a determination
• Document the policy clearly in the company handbook
• Once the decision on paid or unpaid bereavement leave is made and documented, move on to the next step: Leave of absence or flexible work arrangements.

Leave of absence or flexible work arrangements

• Research state and federal laws regarding bereavement and other types of leave
• Consult with a lawyer or HR specialist about the most appropriate leave of absence or flexible work arrangement for your organization
• Make a decision about the type of leave of absence or flexible work arrangement you will offer
• Explain the details of the leave of absence or flexible work arrangement in a written policy
• Make sure the policy is compliant with state and federal laws
• Train managers and supervisors on the policy
• Check in with managers and supervisors periodically to ensure that the policy is being followed correctly
• Once the policy is written and all steps have been completed, you can move on to the next step, which is setting the duration of leave.

Setting the Duration of Leave

• Decide on the duration of bereavement leave for your company. This can range from a few days to a week or more depending on the circumstances.
• Consider offering additional unpaid leave for employees who need more time to grieve.
• Make sure to include the duration of bereavement leave in your company policy.
• Once you have set the duration of bereavement leave and included it in your policy, you can move on to the next step.

Number of days

• Decide the number of days an employee can take for bereavement leave.
• Consider how long the period of mourning usually lasts for different types of bereavement (i.e. immediate family may require more days off than extended family).
• Make sure that the number of days allotted for bereavement leave is enough to cover the needs of the employee, while still allowing them to return to their responsibilities in a reasonable amount of time.
• Check off this step once you have determined the number of days allotted for bereavement leave.

How many days are considered full-time or part-time

• Determine the number of hours considered full-time or part-time for your organization.
• Decide the number of days eligible for bereavement leave for those who work full-time and those who work part-time.
• Document the number of days for full-time and part-time employees in the bereavement leave policy.
• Make sure the policy is updated in all applicable employee handbooks and other documents.
• Ensure that all employees are aware of the bereavement leave policy.

Once you have determined the number of days considered full-time and part-time, you can check this off your list and move on to the next step.

Any exceptions for particular circumstances

• Consider any special circumstances that may require additional time off.
• This can include situations such as a death of a close relative, a death of a family member, or a death of a close friend.
• Make sure to document these exceptions and how much extra time off is granted in each case.
• Once you have documented these exceptions, you can move on to the next step.

Identifying Bereavement Leave Benefits

• Review the bereavement leave policies of other organizations to get an idea of what may be included in the policy.
• Consider what kind of bereavement leave to include, such as paid and unpaid leave, funeral or memorial services, and travel time.
• Think about what types of family members should be included in the policy, such as spouses, parents, children, siblings, and in-laws.
• Discuss with stakeholders what kind of leave should be provided for both employees and volunteers.
• Decide how much time off should be provided for different types of bereavement leave.

When this step is complete, you can move on to the next step: ### Any additional benefits beyond normal leave of absence.

Any additional benefits beyond normal leave of absence

• Research any additional benefits your organization can offer such as bereavement counseling services, extra paid time off, or a memorial service.
• Determine if any of these benefits will be offered in addition to the bereavement leave policy.
• Make sure to include any additional benefits in the bereavement leave policy in the employee handbook.
• Once you’ve determined the benefits offered, you can move on to the next step of determining any potential financial assistance.

Any potential financial assistance

• Determine if you will provide any financial assistance to employees who have experienced a death in the family.
• Examples of potential financial assistance could include a death benefit, a bereavement allowance, or any other type of financial assistance that you may be able to provide.
• Make sure to document any financial assistance you will provide to make sure it is clear to employees who are eligible and how much they will receive.
• Outline any conditions or qualifications that must be met in order for employees to be eligible for the financial assistance.
• Once you have determined the financial assistance you will provide and the conditions or qualifications, you can check this step off your list and move on to the next step.

Communicating the Policy to Employees

• Draft a bereavement leave policy document
• Distribute the policy document to all employees
• Meet with employees to discuss the policy and answer any questions they may have
• Post the policy document in communal areas of the office
• Include the policy in the employee handbook
• When all steps are complete, make sure all employees have been made aware of the policy, and are clear on the expectations.

How the policy will be communicated

• Determine which channels of communication will be used to deliver the Bereavement Leave Policy to employees (e.g. email, intranet, printed materials, etc.)
• Develop a process for ensuring that all employees are aware of the policy and understand the details of the policy
• Create a timeline for when the policy will be communicated and when employees will be expected to be familiar with the policy
• Monitor and evaluate the communication process to ensure that all employees have received and understood the policy
• When all employees have received and understood the policy, you can check this step off your list and move on to the next step.

Who is responsible for communicating the policy

• Identify the department or individual responsible for communicating the policy.
• Ensure the individual or department is aware of their responsibility and has the necessary resources to communicate the policy effectively.
• Once the responsibility is assigned, check it off your list and move on to the next step.

Establishing a Review Process

• Develop a review process for bereavement leave requests to ensure the policy is consistently followed
• Determine the criteria for approving or denying requests
• Assign a supervisor or other responsible party to act as the reviewer of bereavement leave requests
• Create a form for requesting bereavement leave that employees can submit when requesting the leave
• Establish a timeline for reviewing and responding to bereavement leave requests
• Make sure that the review process is documented and can be easily accessed by employees
• When the review process is established and documented, move on to the next step.

Who is responsible for reviewing requests for bereavement leave

• Identify the individual or department responsible for reviewing bereavement leave requests.
• Determine how requests should be submitted, such as through email, phone call, etc.
• Confirm the person(s) or department that will review the requests is comfortable with the responsibilities.
• When complete, move on to the next step: How requests will be reviewed.

How requests will be reviewed

• Gather all the relevant information from the applicant
• Verify the authenticity of the documents submitted in support of the leave request
• Carefully consider the specifics of the situation, such as the length of the absence and any special circumstances
• Review the applicant’s past attendance record and job performance
• Consult with Human Resources, the applicant’s direct supervisor, and other relevant personnel to determine the best course of action
• Make a decision in a timely manner and inform the applicant of the decision
• When the decision has been made and communicated, move on to the next step: How disputes will be handled.

How disputes will be handled

• Have a clear dispute resolution process in place that outlines the steps to be taken when an employee and/or their supervisor disagree on the bereavement leave policy.
• Provide a mechanism for employees to resolve disputes, such as a grievance procedure.
• Establish a timeline for resolving disputes.
• Train managers on how to handle disputes.
• Ensure that any decisions made are consistent with the bereavement leave policy.

Once all of these steps are complete, you can check off this step and move on to the next step: Handling the Administrative Details.

Handling the Administrative Details

• Determine how the bereavement leave policy will be communicated to employees
• Draft a policy document that outlines eligibility, length of leave, and any other details
• Outline any compensation that may be available for bereavement leave
• Establish any necessary paperwork or forms that employees must complete
• List any additional resources (support groups, etc.) that employees can access
• Consider any legal requirements related to bereavement leave
• Develop a procedure for handling and tracking bereavement leave requests
• When complete, review the policy document for accuracy and sign and date it
• Communicate the policy to employees and make sure they understand their rights and obligations
• When complete, check this step off your list and move on to the next step of documenting the leave.

How the leave will be documented

• Create a form for employees to fill out when requesting bereavement leave
• Include the employee’s name, contact information, relationship to the deceased, dates of leave, and proof of death if necessary
• Have the employee sign and submit the form to HR for processing
• Create a system for tracking the leave requests and ensure the form is filled out correctly
• Check off this step when the form is created and the tracking system is in place.

How the employee’s role will be managed during their absence

• Determine who will take on the responsibilities of the employee while they are away
• Put processes in place to help manage the employee’s duties during their absence
• Ensure that any changes to the employee’s duties are documented and communicated to the appropriate stakeholders
• Create a timeline for when the employee’s role will be reassigned or redistributed
• Update job descriptions if necessary to reflect any changes
• Verify that the redistributed duties will not overburden other employees

When you can check this off your list:

• Once you have determined who will take on the responsibilities of the employee while they are away, put processes in place to help manage the employee’s duties during their absence, documented and communicated any changes, created a timeline for when the employee’s role will be reassigned or redistributed, updated job descriptions if necessary, and verified that the redistributed duties will not overburden other employees.

Who will be responsible for the employee’s duties while they’re away

• Identify reliable colleagues that can temporarily take on the absent employee’s duties.
• Make sure these colleagues are aware of the employee’s job responsibilities and can adequately cover them while they are away.
• Ensure that any colleagues who are taking on additional workload have the support they need to be successful in their new roles.
• Once the duties have been successfully delegated, document the list of duties and the assigned colleagues in the employee’s file.

Checklist:

• Duties have been delegated to reliable colleagues
• Colleagues are aware of their additional workload
• Colleagues have the support they need to be successful
• Employee file has been updated with the details of the delegation.

Ensuring Compliance with Local and Federal Laws

• Review the existing federal, state, and local laws related to bereavement leave
• Identify any new laws or regulations that may apply to your organization
• Take into consideration any mandates that apply to the particular industry or state you are located in
• Create a policy that complies with all applicable laws and regulations
• Consult with legal counsel to ensure your policy is compliant
• Once the policy has been reviewed and approved, communicate it to your employees
• Review and update the policy on a regular basis to ensure compliance with changing laws or regulations

Once you have reviewed and updated the policy to ensure compliance with all applicable laws and regulations, you can check this off your list and move on to the next step.

Understanding the relevant laws and regulations

• Research applicable state and federal laws related to bereavement leave
• Create a list of all relevant laws
• Compare the list of laws to your organization’s current policies to ensure compliance
• Make a note of any discrepancies between your policy and the laws
• Check with a qualified attorney to make sure your policy is in compliance with all applicable laws
• Once you have confirmed that your policy is in compliance, you can move on to the next step (Making sure the policy is in compliance with the relevant laws).

Making sure the policy is in compliance with the relevant laws

• Consult with an attorney to ensure that the policy is in compliance with all relevant federal and state laws.
• Review any existing policies or handbooks in place to ensure that the bereavement leave policy is cohesive and consistent with other policies.
• Take into account any special provisions for employees in certain industries or those with certain job titles or roles.
• When you have finalized the policy, consult with an attorney again to ensure that it is in compliance with the relevant laws.

When you have consulted with an attorney and reviewed any existing policies or handbooks in place, you can be confident that you have successfully completed this step and can move on to the next step.

Creating a Supportive Environment for Employees Experiencing Grief

• Reassure employees that their job is secure
• Inform employees of available bereavement leave
• Create a culture of open communication and understanding
• Encourage employees to use the bereavement leave if needed
• Support employees through the grieving process
• Allow for flexible work arrangements
• Ensure employee privacy and respect

When you can check off this step:
You can check off this step when you have taken the necessary steps to create a supportive environment for employees experiencing grief, such as informing employees of available bereavement leave and creating a culture of open communication and understanding.

How the organization will support bereaved employees

• Offer bereavement leave
• Determine length of leave and when to provide it
• Consider offering flexible working hours
• Allow employees to take time off to attend funerals or visit family members
• Offer additional counseling or mental health services
• Create a supportive work environment
• Check-in with employees on a regular basis

How you’ll know when you can check this off your list and move on to the next step:

• When you have outlined the organization’s bereavement leave policy and determined the length of leave and when to provide it.
• When you have identified any additional counseling or mental health services to be offered.
• When you have created a supportive work environment and scheduled regular check-ins with employees.

How employees can access additional resources for grief counseling

• Research and compile a list of grief counseling resources available to employees, such as online services, local support groups, and counseling professionals
• Make sure to include contact information and details about how to access each resource
• Include this list in the bereavement leave policy document
• Post the list of grief counseling resources in a prominent location in the workplace
• When you’ve completed these steps, you can move on to the next step in creating the bereavement leave policy: What initiatives will be in place to promote a supportive workplace culture.

What initiatives will be in place to promote a supportive workplace culture

• Provide a space for employees to share their feelings, ask questions, and provide emotional support for one another.
• Offer an Employee Assistance Program or similar resource for employees to access counseling or other forms of mental health support.
• Provide a paid bereavement leave policy that allows employees to take time off when a loved one passes away.
• Ensure managers are trained in how to support employees who are grieving.
• Encourage employees to take care of themselves, both physically and mentally, during this difficult time.

How you’ll know when you can check this off your list and move on to the next step: When the initiatives outlined above have been implemented into the company’s bereavement leave policy.

FAQ

Q: What is the legal definition of bereavement in the UK?

Asked by Justin on 18th February 2022.
A: In the UK, bereavement is legally defined as the death of a relative or close friend. This includes a parent, child, spouse, civil partner, grandparent, sibling, aunt, uncle and first cousin. It also includes any other person that you have been living with for at least 6 months prior to their death and are considered to be a member of your family.

Q: Are there any countries or regions that don’t offer bereavement leave as part of their employment law?

Asked by Brayden on 13th April 2022.
A: Bereavement leave is not a legal requirement in most countries and regions across the world, however some may offer it as part of an employee benefit scheme or as part of collective bargaining agreements. In many countries, such as the United States and Canada, bereavement leave is not required by law but can be provided by employers at their discretion. In other countries such as the UK and Australia, there are laws that provide workers with specific rights to paid or unpaid leave in the event of bereavement.

Q: How should we approach creating a bereavement leave policy for our business?

Asked by Olivia on 5th June 2022.
A: When creating any policy it is important to consider the overall objectives of the business and the culture you want to create within your organisation. When creating a bereavement leave policy it is important to consider the specific needs of your employees and what they may need in terms of time off to grieve following the death of a loved one. You should also consider how long any leave should last and what form it should take (paid or unpaid). Additionally, you should look into any local or national laws that may apply to your business and be sure to comply with them when creating your policy.

Q: What are some best practices for ensuring that employees feel supported during this difficult time?

Asked by Mason on 31st October 2022.
A: There are a number of best practices that employers can use to ensure that employees feel supported during this difficult time. Employers should make sure they provide clear information about what support is available both before and after bereavement leave has been taken. It is also important to ensure that line managers are aware of how to provide appropriate support to employees who are grieving and how to maintain a supportive environment for them in their place of work. Additionally, employers should ensure that there is an open dialogue between them and their employees about how they are feeling during their bereavement leave and make sure they are providing access to appropriate resources such as counselling services or peer support groups if needed.

Q: Can we deny an employee’s request for bereavement leave if we anticipate business disruption?

Asked by Noah on 7th August 2022.
A: Denying an employee’s request for bereavement leave can be difficult but can be necessary in some cases where business disruption is anticipated due to staffing shortages resulting from the employee taking extended leave. However, employers should always strive to be as accommodating as possible when making decisions about granting bereavement leave and should not simply deny requests without considering all the circumstances surrounding it first (such as whether other staff members could help cover shifts). If a denial is necessary then employers must provide clear justification for their decision and ensure that they explain this clearly to the employee so they understand why their request was not approved.

Q: How can we manage workloads when an employee takes extended bereavement leave?

Asked by Ava on 2nd December 2022.
A: When an employee takes extended bereavement leave there will inevitably be an impact on workloads which need to be managed in order to maintain productivity levels within the organisation. The best way to manage this is by ensuring there is adequate communication between management, colleagues and those taking bereavement leave so that everyone understands who will be covering what tasks while they are away. Additionally, employers should provide training and support for those covering extra work and consider offering flexible working arrangements where possible so people can adjust their hours in order to accommodate any additional work they may have taken on temporarily while someone else is away on bereavement leave.

Example dispute

Suing for Violation of Bereavement Leave Policy

• The plaintiff may bring a lawsuit against an employer for violating a bereavement leave policy.
• The plaintiff will need to reference relevant legal documents, such as the Family and Medical Leave Act (FMLA), which states that employers must provide unpaid, job-protected leave to eligible employees for certain family and medical reasons, including bereavement due to the death of a family member.
• The plaintiff will need to demonstrate that the employer violated the policy by not providing the leave, or by taking action against them for taking the leave.
• Settlement in such cases may involve compensation for lost wages, job reinstatement, attorney fees, and other remedies.
• If the plaintiff is successful in their lawsuit, damages may be awarded for lost wages, emotional distress, and other costs related to the violation of the bereavement leave policy.

Templates available (free to use)

Bereavement Leave And Pay Policy For Parents
Bereavement Leave Policy
Bereavement Leave Policy California
Bereavement Leave Policy Colorado
Bereavement Leave Policy Florida
Bereavement Leave Policy Georgia
Bereavement Leave Policy Illinois
Bereavement Leave Policy Louisiana
Bereavement Leave Policy Massachusetts
Bereavement Leave Policy Minnesota
Bereavement Leave Policy Missouri
Bereavement Leave Policy New Jersey
Bereavement Leave Policy New York
Bereavement Leave Policy Ohio
Bereavement Leave Policy Pennsylvania
Bereavement Leave Policy Tennessee
Bereavement Leave Policy Texas
Compassionate Leave Policy Bereavement Or Serious Illness

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