North Carolina Bereavement Leave Laws - WorkforceHub
North Carolina's bereavement leave laws mandate up to 40 hours of paid leave for state employees after the death of an immediate family member and up to 8 hours for the loss of a colleague per Executive Order No. 325 (October 2024), while private-sector employers are not legally required to provide bereavement leave, leaving eligibility, qualifying events, duration, and compensation to their discretion.
In North Carolina, bereavement leave policies differ between public and private sector employees. Private employers are not required by state law to provide bereavement leave, but recent developments have introduced specific provisions for state employees. Below is an overview of bereavement leave in North Carolina, including eligibility, qualifying events, duration, and compensation.
What is Paid Bereavement Leave?
Paid bereavement leave is time off granted to employees after the death of a family member or colleague, during which they continue to receive their regular wages. This leave allows individuals to grieve, attend funeral services, and manage related personal affairs without financial hardship.
North Carolina vs. Federal Bereavement Leave Laws
North Carolina has implemented bereavement leave policies for state employees that differ from federal regulations. In October 2024, Executive Order No. 325 was signed, providing:
- Up to 40 hours of paid bereavement leave for eligible state employees following the loss of an immediate family member.
- Up to 8 hours following the loss of a colleague.
For private-sector employees, neither federal law nor North Carolina state law mandates bereavement leave. The provision of such leave is at the discretion of private employers.
Qualifying Events for Bereavement Leave
For state employees under Executive Order No. 325, qualifying events include the death of:
- Immediate Family Members: Spouse, child, parent, sibling, grandparent, grandchild, and corresponding step, half, or in-law relationships, as well as any person living within the employee’s home for whom the employee may claim a tax deduction.
- Colleagues: Individuals with whom the employee worked directly.
Private employers define qualifying events based on their internal policies, which may vary.
Eligibility Requirements
Eligibility for state employees includes:
- Employment Status: Full-time and part-time employees are eligible, with part-time employees receiving a prorated amount of leave.
- Relationship to the Deceased: Verification of the relationship to the deceased is required.
Private-sector employees’ eligibility is determined by their employer’s policies.
Amount of Bereavement Leave Time
State employees are entitled to:
- Up to 40 Hours: Following the loss of an immediate family member.
- Up to 8 Hours: Following the loss of a colleague, for attending funeral or memorial services.
Private employers may offer varying amounts of bereavement leave, as specified in their company policies.
Definition of Immediate Family
For state employees, “immediate family” includes:
- Spouse, child, parent, sibling, grandparent, grandchild.
- Corresponding step, half, or in-law relationships.
- Any person living within the employee’s home for whom the employee may claim a tax deduction.
Private employers may have different definitions, as outlined in their bereavement leave policies.
Is Bereavement Leave Required to be Paid?
For state employees, bereavement leave under Executive Order No. 325 is paid.
Private-sector employers in North Carolina are not legally required to provide paid bereavement leave; it is at their discretion.
Timeframe for Taking Bereavement Leave
State employees must use bereavement leave:
- Immediate Family Loss: Within 180 days of the date of death.
- Colleague Loss: On the day of the funeral or memorial event.
Private employers may set their own timeframes for bereavement leave usage.
Who Pays for Bereavement Leave?
- For state employees, the state government covers the cost of paid bereavement leave.
- In the private sector, if an employer offers paid bereavement leave, the employer bears the cost.
Conclusion
In North Carolina, bereavement leave provisions differ between public and private sectors. State employees benefit from specific paid bereavement leave entitlements under Executive Order No. 325. Private-sector employees’ access to bereavement leave depends on their employer’s policies, as there are no state mandates requiring such leave. Employees should review their organization’s bereavement leave policies or consult with human resources to understand their options during times of loss. Employers, particularly in the private sector, are advised to establish clear bereavement leave policies to support their employees effectively.
Related
Montana Bereavement Leave Laws - WorkforceHub
Montana does not have state or federal laws mandating bereavement leave for private-sector employees, leaving such policies to employer discretion, while public sector employees may use accrued sick leave for bereavement related to the death of close family members, with qualifying events and leave details typically defined by employer policies.
Idaho Bereavement Leave Laws - WorkforceHub
In Idaho, there are no state or federal laws mandating bereavement leave, so employers individually determine eligibility, qualifying events—typically deaths of immediate or extended family or close personal relations—duration, compensation, and documentation requirements for paid or unpaid bereavement leave.
Iowa Bereavement Leave Laws - WorkforceHub
Iowa does not have state or federal laws mandating bereavement leave, so such leave—including eligibility, qualifying events, duration, and pay—is determined solely by individual employers, who typically define qualifying family relationships and may require documentation.
Nebraska Bereavement Leave Laws - WorkforceHub
In Nebraska, bereavement leave for private-sector employees is not mandated by state or federal law and is determined by individual employers, while state employees are entitled to up to five days of paid bereavement leave for the death of a family member as defined by the Nebraska Administrative Code.
Oklahoma Bereavement Leave Laws - WorkforceHub
In Oklahoma, state employees are entitled to up to 10 working days of paid bereavement leave charged against their sick leave for the death of an immediate family member or household resident, while private-sector employers are not legally required to provide bereavement leave, leaving such policies to employer discretion.
Mississippi Bereavement Leave Laws - WorkforceHub
Mississippi does not have state or federal laws mandating bereavement leave, so policies regarding eligibility, qualifying events, duration, and compensation are determined solely by individual employers, typically covering immediate and extended family deaths and requiring documentation and specific employment criteria.