By Evan Lange
No law requires private employers in Texas to give bereavement or funeral leave, paid or unpaid. The U.S. Department of Labor says the FLSA doesn’t require pay for time not worked, including attending a funeral, and the FMLA doesn’t list bereavement as a qualifying reason. But you may still be protected: FMLA can cover leave to care for a seriously ill family member before a death, your own serious health condition such as severe depression afterward, and certain funeral-related needs when a service member dies on active duty. The Pregnant Workers Fairness Act can require time off to recover from a miscarriage. A religious mourning practice may need to be accommodated, and if your employer has a written bereavement policy, it should apply it consistently.
Losing someone is hard enough without worrying about your job. Many Houston employees are surprised to learn that bereavement leave is a company benefit, not a legal right in Texas. But several laws can still protect you during and after a loss, and an employer that treats grieving employees unequally can cross a legal line.
No federal law and no Texas law requires private employers to provide bereavement leave. The Department of Labor treats funeral leave as a matter of agreement between employer and employee. Many employers offer a few days by policy, and the policy decides who counts as family, whether it’s paid and what proof is required.
If a written policy promises paid bereavement leave, ask HR to apply it in writing. Applying it to some employees and not others can be evidence of discrimination.
Learn more in our FMLA guide for Texas, ADA and mental health at work, and the Pregnant Workers Fairness Act.
Because Texas is at-will, an employer can generally discipline you for missing work without approved leave. But a firing may be illegal if:
See whether you can be fired while on FMLA leave and caregiver discrimination.
No. Neither federal law nor Texas law requires private employers to provide bereavement or funeral leave. It is a benefit set by employer policy or agreement.
Generally no. Bereavement is not an FMLA qualifying reason, but FMLA can cover caring for a seriously ill family member before a death, your own serious health condition, and certain funeral needs when a service member dies on covered active duty.
Possibly, because Texas is an at-will state. A firing may be illegal if it involved protected FMLA leave, a pregnancy-related condition, a disability, religious practice, or unequal treatment based on a protected characteristic.
The Pregnant Workers Fairness Act can require employers with 15 or more employees to provide reasonable accommodations, including time off to recover from a miscarriage, unless it causes undue hardship.
Only if your employer’s policy provides it. Federal law does not require pay for time not worked, including attending a funeral.
The Lange Firm represents employees in Houston and across Texas. Attorney Evan Lange can review whether your leave was protected and whether a firing after a loss was workplace discrimination or retaliation.
Grief doesn’t follow a policy.
But your rights still apply.
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