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An Overview of 2024 Bereavement Leave Laws in Washington

Disclaimer: This article is for informational purposes only and does not constitute legal or other professional advice. You should confirm any information with a legal professional.

Navigating the complexities of bereavement and mourning while managing work responsibilities can be a daunting challenge for many individuals. This article aims to provide a comprehensive overview of the 2024 bereavement laws in the state of Washington, shedding light on the rights and entitlements of employees facing the difficult task of balancing grief with work commitments.

What is bereavement leave?

Bereavement leave is a type of employee benefit that provides paid time off for individuals to grieve and manage the practicalities that come with the death of a close family member or loved one. Typically ranging from a few days to a week, bereavement leave allows employees to attend funerals, make necessary arrangements, and cope with the emotional aftermath of loss without worrying about work obligations. The primary purpose of bereavement leave is to support employees during one of the most difficult times in their lives, recognizing the importance of allowing them the space and time to mourn, heal, and attend to family matters without the added stress of work responsibilities. It also fosters a compassionate workplace culture that values the well-being of its employees beyond their professional contributions.

Are companies required to offer bereavement leave in Washington state?

Washington State does not have specific laws requiring employers to provide bereavement leave. However, some employers may choose to offer bereavement leave as part of their employee benefits package or through collective bargaining agreements.

While Washington State does not require companies to provide leave, the state does offer a Paid Family and Medical Leave program for eligible recipients.

How do I take time off with Washington State Paid Family Medical Leave?

To take time off under the Washington State Paid Family and Medical Leave (PFML) program, you generally follow these steps:

1. Determine eligibility: Ensure that you meet the eligibility criteria for the PFML program. Eligibility requirements typically include having worked a certain number of hours in Washington State. Employees must have been employed for at least 820 hours during the qualifying period. The qualifying period refers to the first 4-5 “completed calendar quarters” or the “last four completed calendar quarters immediately preceding the application for leave”, according to the University of Washington. The death of a family member may be considered a qualifying event as well as taking care of a family member with a serious health condition is considered a qualifying event.

2. Notify your employer: Provide your employer with notice of your intention to take PFML leave. This notice should generally be given at least 30 days in advance if the need for leave is foreseeable, or as soon as practicable if it's unexpected.

3. Apply for benefits: Submit an application for PFML benefits through the Washington State Employment Security Department (ESD). You can typically apply online through the ESD website or by mail.

4. Provide supporting documentation: Depending on the reason for your leave, you may need to provide documentation to support your application. For example, if you're taking leave to care for a family member, you may need to provide medical certification of their condition.

5. Receive approval: Once your application is processed and approved, you'll receive notification from the ESD regarding the amount and duration of your PFML benefits.

6. Take leave: Take the approved time off from work for the qualifying reason.

7. Stay in communication: Keep your employer updated on your status and any changes to your return-to-work plans.

8. Return to work: When your PFML leave ends, return to work as agreed with your employer.

You can familiarize yourself with the specific requirements and procedures of the Washington State PFML program, as they may vary based on individual circumstances and employer policies. You can find detailed information and resources on the Washington State Employment Security Department's website or consult with your employer's HR department for guidance.

Who is considered a “family member” under Washington Paid Family & Medical Leave?

Under Washington PFML, a qualified family member must be one of the following family members:

• Spouses
• Domestic partners
• Children (biological, foster, adopted or stepchild)
• Parents
• Legal guardians (or spouse’s parents)
• Siblings
• Grandparents (or spouse’s grandparents)
• Grandchildren
• Son-in-law and daughter-in-law
• Someone who has an expectation to rely on you for care—whether you live together or not.

How much time can I take off with PFML?

Washington PFML offers up to 12 weeks of leave, per claim year, when taking care of a qualified family member. Additionally, if you have multiple qualifying events in the same year, you can take up to 16 weeks off.

Do I have to take off all 12 weeks of leave during my paid leave?

You do not have to take all of your leave at the same time, so long as you claim at least 8 consecutive hours of leave for the week. If you don’t want to take leave during that week, simply enter 0 hours.

How much will I get paid under Washington Paid Family & Medical Leave?

The amount you receive is based on your pay at your company. PFML pays 90% of your weekly pay but maxes out at $1,456 per week in 2024. You can use the calculator on their website to figure out your exact pay rate.

How long does bereavement leave typically last?

The duration of bereavement leave can vary depending on several factors, including company policies, the relationship to the deceased, and cultural norms. Typically, bereavement leave ranges from one to five days, with three days being a common standard in many workplaces. However, some employers may offer more or less time off based on their discretion or collective bargaining agreements. In cases where additional time is needed, employees may use other types of leave, such as vacation or unpaid leave, or they may request additional time off from their employer. Ultimately, the length of bereavement leave often aims to provide employees with enough time to attend funeral services, make necessary arrangements, and begin the process of grieving and healing without undue stress or worry about work obligations.

What do I do if I don’t qualify for PFML?

If you don’t qualify for Washington State’s PFML as bereavement leave, you can always try and work with your company to get some paid leave. Here are some steps to take if you don’t qualify for PFML and wish to ask your company for assistance:

1. Check company policies: Review your company's employee handbook or HR policies to confirm whether bereavement leave is provided and whether it's paid or unpaid. If there's no formal policy in place, consider speaking with HR or a manager to inquire about options for taking time off in the event of a family member's death.

2. Use other leave benefits: If your company offers other types of paid leave, such as vacation or personal days, consider using those days to take time off for bereavement purposes. Even if the leave wasn't specifically intended for bereavement, it can still provide you with the necessary time to attend to matters related to the death of a loved one.

3. Discuss options with your employer: If your company doesn't have a formal bereavement leave policy or if you need additional time off beyond what's provided, consider discussing your situation with your employer. They may be willing to offer unpaid leave or make other accommodations to support you during this difficult time.

4. Seek support: During times of bereavement, it's important to prioritize your well-being and seek support from friends, family, or professional resources if needed. Don't hesitate to reach out to your support network for assistance and understanding during this challenging time.

Remember that every company's policies and culture are different, so it's important to approach the situation with open communication and a willingness to explore options that meet both your needs and your employer's policies.

How to ask your company for bereavement leave

Asking your company for bereavement leave can be a delicate and emotional conversation. Here's a suggested approach:

1. Choose the right time and method: Select an appropriate time to speak with your supervisor or HR representative. Request a private meeting if possible, either in person or via a phone call or video conference.

2. Be direct and clear: Start the conversation by stating that you've experienced a loss and need to take time off for bereavement. Be clear about the reason for your request and the duration of time you anticipate needing.

3. Provide necessary details: Offer relevant details about your situation, such as your relationship to the deceased and any funeral or memorial arrangements you'll need to attend. This information can help your employer understand the urgency and importance of your request.

4. Refer to company policies (if applicable): If your company has a formal bereavement leave policy, reference it during the conversation. This can help frame your request within the context of existing company guidelines.

5. Express flexibility: Be open to discussing flexible options for taking time off, such as using accrued vacation days or unpaid leave if paid bereavement leave isn't available.

6. Ask for confirmation and next steps: Seek confirmation of your request and ask about any additional steps you need to take, such as completing paperwork or providing documentation. Clarify when you can expect a decision on your request.

7. Follow up as needed: If necessary, follow up with your employer to ensure that your request is being processed and to address any questions or concerns that arise.

Remember to approach the conversation with professionalism, honesty and sensitivity. While it may be a difficult discussion to have, most employers will understand the need for bereavement leave and will strive to support you during this challenging time.

Try Ever Loved's complimentary after-death checklist for a comprehensive resource packed with valuable information, useful tips, and accessibility. The checklist gives you advice and guidance on what steps to take, when to take them, and how to take them when needed.

Use the checklist