Defining the terms of your bereavement leave policy

Q         Should we allow bereavement leave for an employee to attend the funeral of her live-in boyfriend’s mother? Our bereavement policy covers employees’ mothers, fathers, siblings, children, grandparents, and in-laws.

A   Welcome to the post-nuclear-family world! Federal law doesn’t require employers to provide bereavement leave at all, and, unless you do business in Oregon, your state law doesn’t require it, either. As a result, you are generally free to define the terms of the bereavement leave benefit, provided the policy doesn’t discriminate against employees based on protected class. Keep in mind, six states and dozens of counties and municipalities around the country require employers to extend at least some employee benefits to unmarried domestic partners. Unless you are in one of those areas, your policy permissibly limits bereavement benefits to situations where your employee is married to the person whose parent has died.

Brad Cave is an attorney with Holland & Hart LLP in Cheyenne, Wyoming. You can reach him at bcave@hollandhart.com.