As a business owner, you care about your team. When someone on your team loses a loved one, your first instinct is to offer support and understanding as they navigate their grief.

But then the practical questions start to surface: How much time off should I offer? What am I legally obligated to offer? And how do we balance all of the compassion we want to show with keeping the business running smoothly?

We understand this delicate balance. Navigating employee loss can feel overwhelming, especially when you want to do right by your people without creating inconsistencies or risking business disruption.

The good news is, with the right approach and the right HR support, you can offer genuine compassion while protecting your company.

The legal landscape of loss for U.S. businesses

Unlike many other countries, the U.S. federal government doesn’t mandate paid or unpaid leave following an employee’s loss. This means:

• No federal requirement: There’s no federal law requiring employers to provide bereavement leave.
• Voluntary leave is common: Many employers voluntarily offer three to five days of paid or unpaid leave to support their team members.
• State-specific laws: Some states, like Oregon, have specific laws that allow eligible employees up to two weeks off after the death of a family member. It’s crucial to know your state’s specific requirements.
• FMLA considerations: In certain situations, the Family and Medical Leave Act (FMLA) might apply, particularly if an employee needs counseling or treatment for a serious health condition related to their grief.

These are often just the legal minimums. Having a clear, well-thought-out policy on leave for loss offers stronger protection for both your employee and your business. Remember, though, even when it’s not required, offering time and understanding can make all the difference for your team.

Why a compassionate approach matters to your business

Supporting a grieving employee is first and foremost about compassion. But it also impacts your business. How you handle these moments can shape trust, loyalty, and even long-term performance.

• Builds employee loyalty: When employees feel truly supported during difficult times, it fosters deep loyalty and commitment.
• Maintains performance and morale: A clear, compassionate policy helps people heal and re-engage when they return.
• Strengthens your company’s reputation: How you treat your employees in their most vulnerable moments speaks volumes about your company culture.  When people feel cared for, they’re more likely to stay, and others will want to work for you.
• Reduces recruitment and training costs: Replacing great people is expensive. Supporting your team through tough times builds loyalty and stability, helping you keep the talent you’ve already invested in.
• Ensures fairness and reduces risk:  When policies are applied consistently, everyone knows they’ll be treated fairly. That builds trust and helps protect your business from potential legal issues down the road.

Supporting your team through loss

Getting the foundations right means being proactive, not reactive. Here’s how we help businesses develop a thoughtful approach:

• Develop a formal leave policy: Create a policy that balances compassionate support with practical business needs. This includes defining eligibility, duration, and whether leave is paid or unpaid.
• Train your managers: Equip your leaders to handle sensitive conversations with empathy and consistency. They are often the first point of contact, and their response sets the tone.
• Offer flexible return-to-work options: Grief is not a one-size-fits-all experience. Flexibility, such as part-time returns or modified schedules, can significantly help an employee in transitioning back into their role.
• Provide access to support resources: Connect employees with valuable services such as counseling or employee assistance programs (EAPs). This shows you care about their holistic well-being.

Every situation is unique, consistency is key

Everyone responds to loss differently. Some may need extended leave, while others find comfort in returning to work quickly. The key is to apply your policies consistently while allowing for the necessary flexibility to support individual needs.

Clear policies, fair application, and genuine care help ensure both employee well-being and business continuity.

Ready for proactive support?

If you’re looking to put a written policy in place for handling employee loss before it’s needed, ensure your managers are trained, and communicate policies clearly to staff, we can help.

As an outsourced HR team, we partner with U.S. small business owners to draft or review leave policies for compliance and fairness, train managers to handle sensitive grief situations, and provide resources and guidance to support your employees in difficult times. We’ll help you balance compassion with business continuity planning, taking the stress out of a challenging situation.

Book a confidential call with us today to discuss how we can help you get the foundations right for the people part of your business.