How to Create a Thoughtful Bereavement Leave Policy

Article

At some point, we all face the loss of a loved one. For HR leaders and benefit teams, creating a thoughtful bereavement leave policy is essential to supporting employees during these painful times.

A well-crafted bereavement leave policy does more than provide time off. It can be a valuable part of company culture that shows employees that their company values them as individuals and understands the complexities of grief. Here’s how to develop and implement a policy that balances compassion with business needs.

How to Create a Thoughtful Bereavement Leave Policy

Understanding bereavement leave
Legal considerations
Key components of a bereavement leave policy
Best practices for implementing a bereavement leave policy
Creating an inclusive bereavement leave policy

Bereavement leave is time off granted to employees who have lost a loved one. It allows them to grieve, attend funeral, memorial services, or other related events, and handle practical matters related to the death.

While it might seem counterintuitive, offering bereavement leave can actually boost productivity in the long run. According to one study, grief costs U.S. companies over $75 billion annually due to decreased productivity and increased absenteeism. By providing adequate leave, companies can help employees process their loss and return to work more focused.

Current trends show a shift toward more generous and flexible policies. Some companies are expanding their definition of family to include nontraditional relationships, while others are offering more extended leave periods or additional support services that prioritize employee mental health.

While there’s no federal law mandating bereavement leave in the U.S., you need to be aware of state-specific requirements.

As of January 1, 2023, California requires employers with five or more employees to provide up to five days of bereavement leave. This leave is unpaid unless the employer has an existing paid leave policy.

In Illinois, the Family Bereavement Leave Act (FBLA) entitles eligible employees to up to two weeks (10 workdays) of unpaid leave following the death of a family member. The act defines “covered family members” broadly, including domestic partners and in-laws.

Oregon was the first state to require extended bereavement leave. Their law mandates two weeks of leave for eligible employees.

Many states have not passed specific laws governing bereavement laws. In these cases, HR departments play a vital role in developing policies that align with their organization’s values and culture.

Always check with your legal counsel when drafting a bereavement policy to make sure you don’t run afoul of any laws.

When drafting your policy, consider including these essential elements:

1. Eligibility — Define who qualifies for leave. This might include full-time and part-time employees and those who’ve been with the company for a certain period. For example, you could state: “All regular employees are eligible for bereavement leave from their first day of employment. Part-time employees become eligible after six months of continuous service.”

2. Covered relationships — Clearly outline which family members are included. Consider expanding beyond immediate family to reflect diverse family structures.

3. Pay — Decide whether the leave will be paid or unpaid. If unpaid, consider allowing employees to use other paid time off.

4. Notification process — Outline how employees should request leave and what, if any, documentation is required. For instance, you might say: “We trust our employees to use bereavement leave appropriately and do not typically require proof of death.”

Remember, these are just starting points and examples. Your policy can and should reflect your company’s unique culture, values and should have upper management and legal approval.

Learn about additional benefits that can support your team by exploring the top perks and benefits that win employees over in this post.

Creating a policy is just the first step. Here are some ideas on how to implement it effectively. Utilize what works best for your situation:

1. Communicate clearly — Make sure all employees get the opportunity to read and understand the policy before they need it. No one should be trying to decipher the rules while grieving.

2. Train managers — Equip your leadership team to handle leave requests with sensitivity and consistency. You might provide workshops on grief awareness and communication and offer guidelines on supporting team dynamics when a colleague is absent or returning from leave.

3. Offer flexibility — Grief doesn’t follow a set timeline. Consider allowing employees to take leave within a broader timeframe, such as six months after a loss.

4. Provide support resources — Offer comprehensive assistance to help employees cope with their loss. Examples include access to counseling services or an Employee Assistance Program (EAP).

5. Address remote and hybrid work — In today’s work environment, support shouldn’t be limited by location. Ensure your policy and support systems work for all employees, regardless of where they work. Consider offering virtual grief counseling sessions or providing access to online support groups.

6. Plan for return-to-work support — Grief lasts longer than a few days off. Have a plan to support employees as they transition back to work. For example, you could encourage managers to follow a gradual return-to-work program, allowing employees to start with reduced hours or workload and gradually increase over time.

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In today’s diverse workplace, creating a policy that recognizes various family structures and cultural practices is vital. Consider these points:

Expand your definition of family to include chosen family, domestic partners and other nontraditional relationships.

Recognize that grieving practices vary across cultures. Some may require longer periods for mourning rituals.

Be open to flexible arrangements. Some employees might need to travel internationally for funerals, requiring additional time.

Developing a thoughtful bereavement leave policy is more than a legal or HR requirement — it’s a reflection of your company’s values. It shows employees that you care about their well-being beyond their work output.

As you develop or refine your policy, try to balance evolving legal requirements with the unique needs of your workforce. With careful consideration and regular reviews, your bereavement policy can be a cornerstone of your employee support system.

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