Bereavement Leave Policy and Rules in India

What is Bereavement Leave?

Bereavement leave refers to time off from work that is granted to employees after the death of a close family member. This time off allows the employee to grieve, handle funeral arrangements, and take care of any other affairs related to the death in the family without having to worry about work obligations.

In India, the concept of bereavement leave is covered under the broader idea of casual leave or sick leave. The Factories Act, Shops and Establishments Act of various states, and other region-specific labour laws may have certain provisions for bereavement leave eligibility and duration. However, there is no central universal statutory leave provision for a fixed number of days of bereavement leave across India.

Bereavement leave policies are usually at the discretion of the employer and HR policies of the organization. Many companies, especially in the private sector, do provide and allow bereavement leave out of empathy, understanding, and humanitarian grounds. The number of days granted depends on the company policy and discussions between the employee and the HR department.

Some organizations may grant up to 3-5 days of paid leave for the death of a close family member like a spouse, parent, sibling or child. 1-2 days leave may be given for extended family like in-laws or grandparents. Government and public sector companies tend to have more clearly defined bereavement leave policies.

When availing bereavement leave, the employee is expected to inform their reporting manager or HR department and provide a death certificate or other proof if required by company policy. Bereavement leave allows employees time to mourn and be with family during challenging times without worrying about work.

The Importance of Bereavement Leave

Bereavement leave serves many purposes that highlight its importance in times of grief and mourning. Some key reasons why bereavement leave is important are:

1. Allows grieving without job pressure: Bereavement leave gives employees time off from professional duties to fully grieve the loss of a loved one. They can mourn and process emotions without the pressures of work.
2. Time for funeral arrangements: Making funeral and last rite arrangements for a deceased family member requires time. Bereavement leave enables employees to handle arrangements.
3. Financial aid for costs: Paid bereavement leave ensures the employee continues to receive a salary even while away from work. This provides financial support to cover funeral costs.
4. Opportunity to be with family: Employees get time with immediate family and relatives during bereavement leave. This mutual support is essential in times of tragedy.
5. Travel flexibility for distant funerals: If the last rites are in another city/town, bereavement leave allows employees the time to travel and attend it.
6. No absenteeism or impromptu leave: Planned bereavement leave prevents uninformed absenteeism when tragedy strikes. It is not granted suddenly.
7. Adheres to religious & cultural rites: Bereavement leave accommodates the days needed to fully comply with religious bereavement rituals.
8. Humane employee-friendly measure: Offering bereavement leave is an ethically/morally right thing for employers to allow at a painful time.
9. Formalizes bereavement benefits: It formally establishes the leave entitlements for bereaved employees in the policy.

Eligibility for Taking Bereavement Leave

In India, bereavement leave eligibility is not defined by law universally across all companies. Eligibility criteria may vary based on the organization’s HR policies. However, some common eligibility factors for bereavement leave include:

• Employment Status: Regular full-time employees are typically entitled to bereavement leave in most companies. Part-time, contractual or temporary employees may not be eligible.
• Type of Family Member: Immediate family members like spouse, children, parents, and siblings are usually covered under bereavement leave policies. Grandparents, in-laws, and aunts/uncles may also be included in some companies. Distant relatives may not be eligible.
• Time of Service: Some companies require employees to complete a minimum period of continuous service (such as 6 months or 1 year) before they can qualify for bereavement leave. This prevents misuse by new joiners.
• Location of the Funeral: If the funeral is located far away, additional travel time may be provided by some employers. Local funerals may have less bereavement leave.
• Proof of Death: HR departments often require proof of death such as a death certificate before sanctioning bereavement leave. Obituaries or doctor certificates may also suffice.
• Submission of Request: Employees have to submit a leave application or email request to their reporting manager and HR in order to avail of bereavement leave. Verbal information may not be enough.

Meeting the above criteria where applicable as per company policy is important for employees to be eligible for bereavement leave after the death of a family member. The HR department can provide clarification on bereavement leave eligibility.

How Many Days of Bereavement Leave Are Allowed?

There is no universally applicable law that mandates a fixed number of days for bereavement leave across all companies in India. The duration of bereavement leave granted depends on the organization’s internal human resource policies.

Typically, most companies in India offer between 1-3 days of bereavement leave for the death of extended family members such as grandparents or in-laws.

For the death of an immediate family member like a spouse, parent, sibling or child, the bereavement leave provided is usually 3-5 working days. Some progressive companies offer up to one week of paid bereavement leave for the death of a spouse, parent or child.

Government and public sector companies tend to have more clearly defined bereavement leave policies specified in their HR rules. For example, India Post provides 3 days of leave for spouse/child death and 1 day for parents/in-laws. Indian Railways provides 7 days for spouse/children, 3 days for parents and 1 day for other family.

The duration of leave sanctioned may also depend on the employee’s level in the organization. Senior management employees may receive slightly longer bereavement leave periods compared to junior staff in some private companies.

Additionally, factors like the location of the funeral and religious rituals can result in additional leave, subject to manager approval. For instance, deaths in another city may warrant extra travel time off.

Employees are advised to check their company leave policy or consult their HR department to know the exact number of bereavement leave days permitted after the death of a family member.

Pay and Compensation During Bereavement Leave

Bereavement leave policies in India usually include provisions for paid or unpaid leave. In most companies, bereavement leave is granted as paid leave up to a certain number of days. This means employees do not face any salary deductions for taking time off work during the period of bereavement leave.

For instance, if the company policy is 3 paid days of leave for the death of a spouse, the employee will receive their full salary for those 3 days even though they did not work. Some companies may offer additional unpaid bereavement leave beyond the paid leave quota. In that case, the extra days would be without pay.

Government and public sector organizations like banks, railways etc. provide defined paid bereavement leave as per their HR rules. In the private sector, multinational companies and reputed Indian corporates also have paid bereavement leave policies ranging from 2-5 days depending on the family member’s relation.

Smaller companies and startups may have more ad-hoc policies for bereavement leave that involve discussions on a case-by-case basis. Pay for additional leave may be at the manager’s discretion in such places.

Some factors that determine bereavement leave pay include the employee’s total leave balance, the importance of ongoing work, and budget or resourcing constraints for hiring temporary cover. Employees should clarify with HR if bereavement leave is paid or unpaid based on their employer’s policies.

What Are the Proof and Documentation Required for Bereavement Leave?

When applying for bereavement leave, employees are usually expected to provide documentation to support their request to their employer. This helps companies validate the need for leave and prevent misuse.

The most common document required is the death certificate of the deceased family member. The original or notarized copy of the death certificate must be submitted to the HR department in most companies.

Sometimes, the death certificate may not be available immediately. In such cases, the employee can provide the doctor’s notification of death or the original obituary from a newspaper initially. However, the death certificate will need to be submitted later for records.

If the death has occurred in a different city, proof of travel may be required such as flight tickets. For extended bereavement leave, invoices of funeral or cremation services are sometimes submitted for verification.

In rare cases, proof of relationship to the deceased like a marriage certificate or birth certificate may be asked for if the employee’s family details are not already on file.

All original documents are verified and returned to the employee after sanctioning bereavement leave. Copies may be kept with HR for future audits.

Employees should check their company policy guide or consult their HR manager to know exactly what documents are needed for availing of approved bereavement leave after the death of a family member. Proper documentation ensures smooth processing.

Bereavement Leave FAQs