Bereavement Leave Laws in Washington: 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-related leave. The FMLA applies to private employers with 50 or more employees within 75 miles of a worksite and requires them to provide up to 12 weeks of unpaid, job-protected leave in a 12-month period for specified reasons, including the death of a spouse, child, or parent.

To qualify for FMLA leave for bereavement, an employee must have worked at the employer for at least 12 months, have worked at least 1,250 hours in the past 12 months, and work at a location where the employer has at least 50 employees. FMLA covers only deaths of the employee's spouse, son, daughter, or parent—not extended family members such as siblings, grandparents, or in-laws, unless they are legal dependents.

The FMLA does not require paid leave; employers may require employees to use accrued paid leave (vacation or sick time) concurrently with unpaid FMLA leave. The Department of Labor enforces the FMLA through the Wage and Hour Division. Employees have the right to return to their same or an equivalent position after taking FMLA leave, and employers cannot retaliate against employees for requesting or taking FMLA leave.

Washington state law does not impose a statutory requirement on private employers to provide bereavement leave, whether paid or unpaid. Unlike some states that mandate a specific number of paid bereavement days (e.g., California's three-day bereavement law or New York's five-day entitlement), Washington leaves bereavement leave policy entirely to employer discretion. This means private employers in Washington can choose whether to offer bereavement leave at all, and if they do, they may set the terms, duration, and which relationships qualify.

Washington's main wage and hour statute, RCW Chapter 49.12, establishes minimum wage, overtime, and meal period requirements but contains no bereavement leave provisions. The state does not provide a separate statutory right to bereavement leave as a matter of employment law.

Public sector employees (state and local government workers) in Washington often have stronger protections. Many are covered by collective bargaining agreements that explicitly include paid bereavement leave. For example, some state employee unions negotiate contracts providing 3–5 days of paid leave for immediate family deaths. These rights exist through union agreements, not statute.

Washington does protect employees from retaliation under RCW 49.76 (whistleblower statute) and general public policy, meaning employers cannot legally fire or demote an employee for taking time to grieve a death. However, this protection is broader and does not create an affirmative right to bereavement leave itself—it only prevents retaliation if an employee takes unpaid leave or uses accrued time for bereavement.

Employees in Washington who believe they qualify for FMLA leave may still file complaints with the U.S. Department of Labor Wage and Hour Division, even though state law does not create an independent state-level bereavement entitlement.

Washington employers are not required by state law to provide any bereavement leave, which is the primary exception to employee protections. Private employers can deny bereavement leave requests without violating state law, as long as the denial does not violate an express company policy, written contract, or collective bargaining agreement.

The FMLA contains several critical exceptions. First, the death must be of a spouse, child, or parent; deaths of siblings, grandparents, aunts, uncles, cousins, or in-laws do not qualify unless the individual was a legal dependent. Second, the employer must have 50 or more employees within 75 miles of the worksite; small employers are exempt entirely from FMLA. Third, the employee must have worked there for 12 months and 1,250 hours in the past 12 months; newer or part-time employees may not qualify.

Employees cannot use FMLA bereavement leave if the employer does not have a worksite location covered by the law. Additionally, if an employee has already used all 12 weeks of FMLA leave in a 12-month period for other qualifying reasons (such as birth, adoption, or personal illness), no additional leave for bereavement is available until the next 12-month period begins.

At-will employment principles in Washington mean employers can refuse to hire, promote, or retain someone partially based on their need for bereavement leave, provided the decision does not violate a specific statute, public policy, or written agreement. Union employees and those with written contracts may have stronger protections negotiated in their agreements.

Step 1: Document the death and your need for time off. Keep the death certificate, funeral/memorial service announcements, or communications with family members. Save all emails and messages to your employer requesting bereavement leave, including the date sent and the name of the recipient. Document any employer response denying leave or setting unreasonable conditions. If you are terminated or disciplined after requesting bereavement leave, document the date, the action taken, and any written explanations provided by the employer.

Step 2: Review your employer's bereavement leave policy. Request the employee handbook or policy document from your HR department and ask for a written copy of any bereavement leave policy in writing. If your employer has a written bereavement leave policy and has violated it (e.g., denied leave to an employee who qualifies under the policy), document this discrepancy. If you have a written employment contract or are covered by a union collective bargaining agreement, review that document for bereavement leave terms. Inform your employer in writing (email is acceptable) that you are requesting bereavement leave and cite the relevant policy if one exists.

Step 3: Determine which agency to file a complaint with. If you believe you qualify for FMLA leave (covered employer, 12 months tenure, 1,250 hours worked, death of spouse/child/parent), file a complaint with the U.S. Department of Labor Wage and Hour Division. Visit www.dol.gov/agencies/whd/fmla or call 1-866-4-USDOL (1-866-487-8365). You can also file a complaint in writing at the nearest DOL Wage and Hour Division office; find locations at www.dol.gov/agencies/whd/contact/local-offices. The complaint should describe your FMLA eligibility, the date you requested leave, the type of relationship to the deceased, and how the employer denied or limited your leave. There is no strict federal deadline for FMLA complaints, but they are generally stronger if filed within three years of the violation.

If you do not qualify for FMLA but believe your employer violated a state law (such as retaliation under RCW 49.76), file a complaint with the Washington Department of Labor & Industries. Visit www.lni.wa.gov or call 1-800-4-BSERVE (1-800-427-3738). The complaint should explain the adverse action taken against you and why you believe it was retaliation for requesting time to grieve. Most state wage and hour complaints must be filed within three years of the violation.

Step 4: Expect the investigation process. The DOL Wage and Hour Division will contact your employer for records, including timekeeping, leave policies, and any documentation of your FMLA request. This process typically takes 2–6 months, depending on complexity and the agency's workload. The investigator may interview you and your employer. The DOL will determine whether your employer violated FMLA and, if so, whether you are owed back wages, damages, attorney fees, and court costs. If the DOL finds a violation, they may seek a settlement or refer the case for litigation. Washington Department of Labor investigations into retaliation claims typically take 30–90 days for a preliminary determination, though complex cases may extend longer.

Step 5: When to consult an attorney. Contact an employment attorney immediately if your employer terminates you after requesting bereavement leave, denies leave in violation of a written policy or contract, or retaliates against you for taking unpaid leave. An employment lawyer can evaluate whether your employer violated FMLA, state law, or an employment contract. Many employment attorneys in Washington work on contingency for FMLA cases, meaning you pay no upfront fees and the attorney is paid from any damages recovered. If you have a complex case (e.g., retaliation following bereavement leave request), seek legal counsel before filing a complaint, as an attorney can strengthen your claim. Legal Aid of Washington (www.legalaidwa.org) provides free consultations for low-income workers.