The loss of a child is one of the most devastating events a family can experience. But how much time is truly given to grieve such a loss? The answer is often unclear and lacking in empathy. How Much Bereavement Leave Do You Get for Children? examines the current bereavement leave policies and highlights what support is available—and what is missing—when families face unimaginable grief. What are the legal requirements, and are they truly adequate?
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How Long is Bereavement Leave for Losing a Child?
The duration of bereavement leave after the death of a child varies widely across the United States, as there is no specific federal law that regulates this type of leave. Below is an explanation of how leave duration is determined and what factors influence it.
In the U.S., the Family and Medical Leave Act does not specifically include the death of a child as a reason for taking leave. This means there is no minimum or required amount of time off at the federal level for this purpose.
Employer-Determined Policies
Most bereavement leave policies are set directly by employers. This includes factors like:
- Duration of the leave
- Whether it is paid or unpaid
Employees should check their workplace policies or speak with Human Resources to understand what is available to them.
State Laws
Some states have implemented laws that offer minimum protections for bereavement leave, including in the case of losing a child. Below is a table with relevant examples:
| California | Up to 5 days | Applies in specific cases |
| Illinois | Up to 10 business days | Specifically includes child loss |
| Oregon | Up to 2 weeks | Covers close family member loss |
| Maryland | Based on earned leave | Can use accrued personal leave |
State laws and company policies can provide emotional and logistical support during this difficult time. Staying informed is key to making use of these rights.
Legal Rights for Parents on Bereavement Leave
Parental legal rights related to bereavement leave vary depending on the state and specific circumstances. Some states provide legal protections that allow parents to take time off after a child’s death.
Two main types of leave may apply:
Bereavement Leave
This type of leave allows parents to take time off work after the death of a close family member. Covered relatives may include:
- Spouse
- Child
- Parent
- Sibling
- Grandparent
- Grandchild
- In-laws
Each state or employer may define “close family” differently.
Family and Medical Leave
While FMLA doesn’t directly cover the death of a child, it may apply in related situations, such as:
- Caring for a seriously ill child before death
- Managing medical conditions triggered by the emotional impact of loss
FMLA allows for up to 12 weeks of unpaid leave if specific eligibility criteria are met, including having worked 1,250 hours over the past year for a qualifying employer.
Getting accurate information and seeking institutional support can help parents access the time they need.
Bereavement Leave Policies by Country
Bereavement leave varies significantly across countries. Here’s a comparative look at how different regions handle this type of leave.
Factors influencing leave duration:
- Relationship to the deceased
- Labor laws
- Union agreements
- Company policies
- Travel requirements for the funeral
International Comparison Table
| Country | Leave Duration | Notes |
| Colombia | 5 business days | Covers relatives up to second degree |
| Mexico | Typically 2 business days | Not legally required; some companies grant up to 5 days |
| Chile | 7 days for spouse/partner; 4 for parents/siblings | Set in labor code |
| Argentina | Up to 45 calendar days | For parents of minor or disabled children |
| Spain | 2 days; 4 with travel required | Includes close relatives and registered partners |
| Germany | 2–3 days | Depends on collective agreements |
| France | Usually 3 days | May increase if travel is needed or for close relationships |
| Italy | 3 business days | May be extended without pay |
| Belgium | Up to 10 days for urgent absences | May not be paid unless stated in contract |
| Portugal | 20 days | Recently extended for spouse loss |
Leave duration reflects different cultural, legal, and social views of grief. Some countries provide extended time for recovery, while others offer only brief absences.
Employees should be aware of local laws and speak with their employer to understand their entitlements.
Extending or Modifying Bereavement Leave
Though no federal law outlines extended bereavement leave, it can be modified or extended under certain conditions, especially when using other types of leave or employer-specific arrangements.
| Situation | Possible Extension |
| Death of a second family member | +5 additional days |
| Post-loss medical or emotional care | Possible FMLA use (up to 12 weeks unpaid) |
| Ongoing emotional support needs | Extension based on employer policy or medical advice |
| Flexible employer policies | Request additional days off (paid or unpaid) |
Extended leave isn’t always guaranteed but can be requested based on the situation. Whether through multiple bereavements or medical needs, seeking accommodations allows for more dignified grieving.
Supporting Employees During Child Loss
Helping employees after the death of a child is essential for their emotional well-being and return to daily life. Bereavement leave is often the first tool that allows them to pause and begin healing.
Social Security survivor benefits may offer some financial relief, particularly when the deceased child had eligibility or when there are surviving dependents. Workers should learn how to apply and access these benefits if applicable.
Emotional and community support resources can significantly aid recovery. These may include employee assistance programs, grief support groups, and counseling services. When companies recognize the weight of such a loss and respond with compassion, they not only care for their people—they also build a stronger, more empathetic work culture.
Sources:
- Schoonover, K. L., Prokop, L., & Lapid, M. I. (2022). Valuable informal bereavement support strategies for bereaved parents of stillborn, young children, and adult children: a scoping review. Journal of palliative care, 37(3), 381-400.
- Levy, C., Drouin, K., Dorsett, A., & Sood, E. (2021). Supporting transition to the bereaved community after the death of a child. Pediatrics, 148(5).