Bereavement Leave Laws in Pennsylvania: What Employers Must Allow

The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq., is the primary federal law addressing bereavement. It permits eligible employees of covered employers to take up to 12 weeks of unpaid leave during a 12-month period for qualifying reasons, including the death of a spouse, child, or parent. FMLA covers private employers with 50 or more employees within 75 miles, and all public employers.

To qualify for FMLA bereavement leave, you must have worked for the employer for at least 12 months and completed 1,250 hours of service in the past 12 months. The law does not cover death of siblings, grandparents, in-laws, or other relatives. Additionally, bereavement is not explicitly named as a qualifying reason under FMLA—instead, it may be covered if the death requires the employee's presence for funeral arrangements or family care, falling under the "serious health condition" or "exigent circumstance" provisions in limited circumstances.

Title VII of the Civil Rights Act, 42 U.S.C. § 2000e, protects employees from discrimination based on religion. This means employers cannot deny bereavement leave or religious observances related to mourning practices based on an employee's faith. The EEOC enforces Title VII and considers religious accommodations, including time off for funeral rites and mourning periods, as potential protected conduct. However, federal law does not guarantee bereavement leave itself—only that employers cannot discriminate when employees request such leave for religious reasons.

Pennsylvania does not have a state statute requiring employers to provide bereavement leave to employees. Unlike some states such as California, New York, and Illinois, which mandate paid bereavement leave for specified relatives, Pennsylvania leaves bereavement leave policies entirely to employer discretion.

Under Pennsylvania common law and the Pennsylvania Human Relations Act, 43 P.S. § 951 et seq., employers cannot discriminate in bereavement accommodations based on protected characteristics including race, color, religion, national origin, ancestry, age, sex, or disability. This means an employer cannot deny bereavement leave to one employee while granting it to another based on these protected statuses. Additionally, employers cannot retaliate against an employee for requesting bereavement leave or for taking unpaid time off to attend a funeral, provided the leave does not disrupt legitimate business operations.

Pennsylvania's at-will employment doctrine permits employers to set their own bereavement policies and to modify them with notice. Most large Pennsylvania employers voluntarily provide bereavement leave—typically 3 to 5 days of paid leave for immediate family members such as spouses, children, and parents. However, no state law guarantees this benefit. Employees covered by a collective bargaining agreement may have bereavement rights specified in their union contract, which would supersede standard employer policy.

The distinction between Pennsylvania and federal law is significant: FMLA provides a safety net for qualifying employees, but it does not guarantee paid leave and requires 12 months of employment and 1,250 hours worked. Pennsylvania does not strengthen this protection. State law provides discrimination protections only, not an affirmative right to leave. Employers with fewer than 50 employees are not covered by FMLA and may have no obligation to provide any bereavement leave unless the employer voluntarily offers it or union contract terms apply.

Pennsylvania's lack of a bereavement leave statute creates broad exceptions. Employers with fewer than 50 employees are not covered by federal FMLA and may deny all bereavement leave without legal consequence, provided the denial is not discriminatory. Employers may limit bereavement leave to immediate family only (spouse, child, parent) and exclude siblings, grandparents, aunts, uncles, cousins, and in-laws without violating state law.

Employers may impose conditions on bereavement leave, such as requiring advance notice (where practicable), proof of death (obituary or funeral program), or limiting the number of days based on travel distance. Employers may also carve out bereavement leave from remote or shift-work employees, provided the carve-out is applied uniformly and without discrimination.

The primary exception based on Pennsylvania law involves religious discrimination. An employer cannot deny a request for time off related to funeral rites, sitting shiva, or other religious mourning practices based on the employee's faith. However, the employer may require the employee to use paid time off (vacation, personal days) rather than granting additional unpaid leave, and may deny the request if accommodation imposes undue hardship on operations.

Union-represented employees are an important exception: collective bargaining agreements often provide robust bereavement leave policies that supersede any default employer policy and are enforceable under the National Labor Relations Act. Additionally, Pennsylvania's workers' compensation law does not cover death benefits in the traditional sense, so bereavement leave is distinct from any claim an employee's family may have after a work-related death.

At-will employment doctrine permits employers to modify or eliminate bereavement policies at any time with notice, and employees cannot challenge this absent discrimination or retaliation. Employees who take unpaid bereavement leave without an explicit company policy may have no protection from termination, though wrongful termination claims based on public policy (e.g., funeral attendance as a matter of public policy) have been limited in Pennsylvania courts.

Step 1: Document Your Request and Company Policy. If your employer denies bereavement leave, begin by gathering evidence. Obtain a copy of your employee handbook, any written bereavement policy, and communication with HR or management about your request. Write down the date you requested leave, to whom you made the request, the response you received, and any reason given for denial. If the denial affects you differently than coworkers in similar situations, note those names and dates. Save emails, text messages, or handwritten notes that document the denial. Take a photo of any written policy if you lack a digital copy.

Step 2: Attempt Internal Resolution. Before filing an external complaint, request a meeting with your HR department or direct supervisor to discuss the denial. Remain professional and factual—explain the death in your family, the dates you requested off, and the business need for leave. Ask whether the company has a bereavement policy and request a copy in writing. If HR denies leave based on your protected status (religion, race, national origin, etc.), ask them to explain this reasoning in writing via email. This creates a paper trail. If the company reconsiders and grants leave, document the outcome. If the denial stands but you sense discrimination, inform HR in writing that you believe the denial was discriminatory and request a written explanation. This internal step strengthens any future complaint.

Step 3: File a Discrimination Complaint (If Applicable). If you believe the denial was based on discrimination (religion, race, color, national origin, age, sex, disability), file a charge of discrimination with the Pennsylvania Human Relations Commission (PHRC) within 180 days of the denial. Visit www.phrc.pa.gov or call 717-787-9780. You may also file with the federal Equal Employment Opportunity Commission (EEOC) at www.eeoc.gov or by calling 1-800-669-4000. The EEOC covers Title VII claims (federal law) and coordinates with PHRC. Provide your name, employer name and address, date of denial, the leave you requested, and a clear explanation of why you believe the denial was discriminatory (e.g., "My Muslim faith requires attendance at funeral rites; my Christian coworker was granted leave for similar reasons"). Include names of coworkers treated differently if possible. File both with PHRC and EEOC if your employer has 15+ employees to ensure federal coverage.

Step 4: Understand the Investigation Process. After you file, the PHRC will assign an investigator. You will be contacted within 30 days. The investigator will request additional documentation from you and then contact your employer for a response. This process typically takes 90–180 days but may extend longer if the case is complex. Your employer will be asked to produce your personnel file, the bereavement policy (or explanation of why none exists), and communications about your request. You may be asked for additional witness names or correspondence. Stay in touch with the investigator and provide requested information promptly. Do not communicate further with your employer about the complaint unless instructed by the investigator. The PHRC will issue a determination letter stating whether probable cause exists to believe discrimination occurred. If probable cause is found, mediation or a public hearing may be offered.

Step 5: Consult an Employment Attorney. If your employer denied bereavement leave and you suspect discrimination, or if the denial caused you tangible harm (termination, demotion, wage loss), consult an employment attorney licensed in Pennsylvania. Contact the Pennsylvania Bar Association's Lawyer Referral Service at www.pabar.org or 800-932-0311 to find an attorney specializing in employment discrimination. An attorney can review your evidence, advise whether you have a strong claim, and represent you in settlement negotiations or litigation. Many employment attorneys work on contingency (they take a percentage of any settlement or judgment) or offer free initial consultations. If retaliation occurs after you file—such as termination or reduced hours—notify your attorney and the PHRC investigator immediately.