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Running head: A CASE FOR BEREAVEMENT POLICY REFORM 1
A Review of National and International Bereavement Policies-
Making a Case for Policy Reform
Amy Pacanowski
Villanova University
A CASE FOR BEREAVEMENT POLICY REFORM
Abstract
This paper reviews bereavement policies in the United States and several other prosperous,
European and Asian countries It describes the ways in which the most prominent companies in
these nations handle and manage employees that experience the loss of a close relative. It
identifies and defines the loss and grieving process, according to leading expert, Dr. Elisabeth
Kubler-Ross and describes how that process affects grieving employees, managers and
colleagues at the workplace. It answers questions such as: What current programs are in place to
assist grieving employees? How many days off does a grieving employee receive? Is that
enough time to complete the grieving process? What practices are being used in other countries?
How is bereavement typically handled in the workplace? It will identify the current condition of
the bereavement practices in the United States and explore the best practices in other strong
nations such as the Norway and Australia. The paper will propose a treatment plan and
recommendations, which include program ideas such as more paid time off and flexibility with
job security.
Keywords: grief, grieving, bereavement, Organization for Economic Cooperation and
Development (OECD), personal time off (PTO), The Family and Medical Leave Act (FMLA)
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A CASE FOR BEREAVEMENT POLICY REFORM
A Review of National and International Bereavement Policies: Making Case for Policy Reform
The American workplace is evolving; some argue for the worse, others argue for the
better, but either way, the way work gets done today is very different than twenty-five years ago.
Corporations offer more flexible hours and work-life balance. Several companies allow
employees to work from home and do not require timecard tracking. Recently, there has been a
big stir in corporate circles about the pros and cons of maternity/paternity leave. Spurred after
Netflix announced their new policy of one year, unlimited family leave (Dishman, 2015).
Building this kind of trust within the culture of these organizations has proven to benefit the
bottom line by increasing retention rates, loyalty, and productivity. These corporate policy
changes are helping employers get more from their employees, but there is one area that still
needs attention. If organizations want to keep workers happy, satisfied, and loyal then they must
reform the current bereavement policy.
Currently, many companies give personal time off for life-changing events such as
celebrating new life or coping with sickness but, what about a life-changing event such as
suffering the loss of a family member? Wouldn’t mourning death warrant as much, or possibly
even more, personal time off as celebrating life? The Family and Medical Leave Act (FMLA)
requires eligible employers to give employees up to twelve weeks of protected leave to care for a
newborn or adopted child, to care for self, if a health condition prevents doing one’s job and to
care for a sick family member. Eligible employees also get up to twenty-six weeks to care for
family military service members. (United States Department of Labor, n.d.). In summary, the
FMLA covers eligible employees for children, sickness and life-threatening circumstances, but
does not cover employees suffering loss.
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A CASE FOR BEREAVEMENT POLICY REFORM
Typically, a company will give three days to an employee to mourn the loss of a loved
one. This is not enough time and it causes tension between employees and management.
Employees are ashamed to ask for extra time. Stephanie Adams works for a Christian non-porfit
and she was expected to return to work 5 days after she lost her baby. “It was terribly awkward.
My colleagues didn’t understand and I felt I was expected to work so I did. But there were many
times I had to run to the bathroom to let out the tears”. S. Adams (personal communication,
August 3, 2015). Employees are forced to grieve at work - during meetings, while they manage
people and projects and tasks. People feel uncomfortable about taking time to grieve. There is an
expectation from Managers that life should be back to normal in three days. But this is barely
enough time for individuals to make travel arrangements and coordinate funeral logistics.
Employees are back to work before the grieving begins. According to Kubler Ross (1969) it can
take up to fourteen days to begin grieving. A three-day bereavement policy does not give an
employee the opportunity to recover from loss before they return to work.
If companies are changing policies to increase their bottom line by providing more
autonomy, trust and flexibility, then surely, they should design their bereavement policy to align
to the company’s strategy. There is a growing need to reform the bereavement policy in the
United States. This particular topic has attracted very little attention compared to sick leave and
parental paid time off. Currently, there are no laws that require employers to provide paid time
off for grieving employees. This paper intends to show the benefits of adding a more generous
package for grieving employees. This study explores various policies across the world focusing
on the United States. And it offers a solution to the problem. The purpose of this paper is to
increase awareness and make a case to reform the common, current bereavement policy in the
United States and abroad.
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A CASE FOR BEREAVEMENT POLICY REFORM
Review of Current Policies
Before this study discloses and discusses the effect of loss on individuals in the
workplace, it explores and reviews current, common bereavement policies of popular, leading
companies in the United States. The only mandated personal time off is that which is stated in
the Family and Medical Labor Act. The FMLA requires eligible employers to give up to twelve
weeks paid leave for the birth or adoption of a child, to care for a sick family member or to care
for oneself in the event of a injury or sickness that prevents one from working. The FMLA
covers eligible employees for sickness, life threatening circumstances and birth, but not death.
(United States Department of Labor, n.d.). After a review of policies in the United States, this
paper will examine policies in other countries, hoping to find solutions to the current situation in
American workplace culture.
The United States
The Society for Human Resource Management exists to provide support to human
resource teams, who exist to provide support to employees. The mission of the Society for
Human Resource Management (SHRM) is to “provide thought leadership, educate and advocate
for human resource professionals and to ensure that policy makers and law makers are aware of
key people concerns facing organizations.” (Society for Human Resource Management, 2015).
SHRM provides a bereavement leave template for human resource professionals, which sets the
pace for many organizations. Although SHRM agrees that employers should provide a
bereavement policy, the template SHRM provides is not sufficient. It states that the employee
should be granted three consecutive days with pay for immediate family, one day for extended
family (in-laws, cousins, aunt, grandparents, etc.), and just four hours to attend a funeral of a
fellow employee or colleague. (Society for Human Resource Management, 2015). A typical
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A CASE FOR BEREAVEMENT POLICY REFORM
bereavement policy, according to SHRM, might read like this: “Purpose: the company is
considerate to the emotional needs of employees when a death occurs within their family and
therefore, adopts a sympathetic approach to the granting of bereavement leave. Eligibility: all
permanent employees are entitled to paid compassionate leave upon the death of an immediate
family member. Immediate family members include spouse, children, parents or parents-in-law,
brothers, sisters or grandparents. Policy: two days paid leave will be available to you on each
occasion when a death occurs in the family.” (Society for Human Resource Management, 2015).
This is almost the exact policy found in leading organizations across the United States. The only
variation is that some companies grant five days as opposed to three days. But, whether three
days or five days, neither is enough time for an employee to grieve. The society mentions being
“considerate to the emotional needs of the employee”; if this is truly a concern then the Society
for Human Resource Management should change their template to allow more flexibility, more
PTO for the grieving employee. Two days is not enough.
Let’s review the bereavement policies at some of the best companies in the United States.
Google provides many perks to their employees, but no bereavement leave is mentioned among
the long list, as shown in Table 1. They provide free lunch, they will match contributions to
employees’ favorite charity, repair employee bike tires when flat, allow generous
maternity/paternity leave, but no specified time off for a grieving employee. Google is the
number one place to work according to Fortune’s 500 (“One Hundred Best Companies to Work
For”, 2015). Not only does it provide a ton of fun and exciting perks for employees, it boasts of
giving new parents up to twelve weeks parental leave with full pay. And within the first three
months, Google gives $500.00 called “Bonding Bucks” to the new parents. 500 (“One Hundred
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A CASE FOR BEREAVEMENT POLICY REFORM
Best Companies to Work For”, 2015). But, there is no mention of bereavement leave included in
their policy.
Zappos’ emphasis is about building a fun culture. Zappos developed a culture that
supports fairness, fun, hard work and honesty. (Zappos, 2015). Nordstrom emphasizes great
customer service, autonomy and takes pride that they pay the most of any retailer at $11.95 per
hour. But again, they don’t mention providing time off or flexibility for grieving. (See Table 1).
Nordstrom claims to have a comprehensive benefits package (Nordstrom, 2015). How
comprehensive can it be without a generous bereavement package? Table 1 shows that Deloitte
is another great company to with whom to work, offering as many benefits as Google, but still,
no mention of bereavement leave. Table 1 shows many benefits that top companies in the United
States provide to their employees. Google provides many crazy perks and benefits to their
employees, some of the other companies provide a little less.
Table 1
Wellness benefits offered by top companies in the United States
Benefits Google Deloitte NordstromS. Ohio Medical Center
Zappos
Parental Leave
X X - - X
Sabbatical - X - - -Training X X X X XSick Days X X X X XPTO for Volunteer
X X - - X
Holidays X X X X XGym X X X X X
Note. The dash (-) represents no information available, or the company does not provide the
particular benefit. Adapted from “100 Best Companies to work for,” 2015, Fortune 500.
Retrieved from: http://fortune.com/best-companies/google-1/
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A CASE FOR BEREAVEMENT POLICY REFORM
It is clear from this information that top companies have something in common –
employee overall wellness. Companies are concerned with health – many provide
reimbursement for gym memberships or onsite wellness centers. Companies are now offering
Sabbatical leave, which allows employees to take time off for personal study and enjoyment with
the intent that they will come back to work with new vigor. And organizations are concerned
about the whole family; reflected in PTO for parental leave as well as flex time benefits and
holidays. But there is a piece missing from these benefit packages, bereavement leave. Since
companies are concerned with employee wellness, they should include more personal time off
for grieving employees. A true comprehensive benefits package that supports and motivates
workers includes personal time off for the grieving employee.
The fact that bereavement leave isn’t mentioned in most benefit packages means that it is
not talked about openly in the work place. This is adds to the problem. Employees feel pressured
to get back to work; they feel uncomfortable to bring up the topic. Employees feel as though
they need to get back to work and pretend as if life is back to normal. Death should be
recognized as a part of life and the grieving process should be allowed both in our culture and in
the workplace.
Some groups are advocating this cause. (Kluger, 2013). The FMLA entitles employees to
take off for sickness and it is incongruous that it would not provide for grieving. Some
psychologists may even argue that grieving is actually a type of disorder or sickness. (Butler,
2010). Parental leave is getting a lot of publicity lately, and employers are giving new parents
more time as a result. It is time to move the conversation to bereavement leave.
International Policies
How does America stack up against other countries across the globe? Is this a
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A CASE FOR BEREAVEMENT POLICY REFORM
National issue or International? As we begin to explore bereavement policy in other countries it
is important to note that work hours in the United States are considerably longer than their
European counterparts. (Ray & Schmitt, 2007). A study done at Hartford Business School
showed that most advanced countries do mandate generous, annual paid time off for both part-
time and full time employees. (See Table 2). The United States is the only developed country
that does not guarantee paid leave. This is important to recognize because, even if the countries
do not give bereavement leave, specifically, employees are give ample personal days that can be
used. (Ray & Schmitt, 2007). It is important to note that European countries are more generous
overall when it comes to providing time off for the employee.
Table 2
Statutory minimum paid annual leave in US and other Countries
United States
Canada
Japan
United Kingdom
Switzerland
Austria
Norway
France
0 5 10 15 20 25 30 35
Days 1 - 5Days 6 - 11Days 12 - 17Days 18-23Days 24 - 30
Note. Number of days that are mandated by the government of respective country. There is no
mandated paid annual leave in the United States. The colors depict days in increments of five.
This does not include holidays. Adapted from Ray & Schmitt, (2007). No vacation nation USA-
9
A CASE FOR BEREAVEMENT POLICY REFORM
a comparison of leave and holiday in OECD countries (Report No. 3). Location: EEE Policy
Brief. Retrieved from edhttp://www.law.harvard.edu /programs /lwp/ papers /No_Holidays.pdf.
For instance, workers in France get thirty days paid time off in a given year; United
Kingdom, employees are guaranteed twenty. This is much better than in America where the
United States Government does not mandate personal time off. (Ray & Schmitt, 2007). Many
corporations do provide vacation packages, they are not required by the government to do so and
vacation time is much smaller compared to countries around the globe.
The Organization for Economic Cooperation and Development is a global enterprise that
seeks to improve working conditions around the world. “The mission of the Organization for
Economic Co-operation and Development (OECD) is to promote policies that will improve the
economic and social well-being of people around the world. The OECD provides a forum in
which governments can work together to share experiences and seek solutions to common
problems. We work with governments to understand what drives economic, social and
environmental change”. (OECD, About Page, 2015). In 1993, the European Union passed a
directive that stipulates it members to give a minimum of four weeks paid leave to their
employees. (Ray & Schmitt, 2007). Although these countries provide a generous package for
paid time off, they do not mention or consider the grieving employee.
After considerable research, there appears to be no suitable policy in or outside the U.S.
The policy for bereavement leave in the United Kingdom is nebulous. France allows employees
only two days leave (Cush, 2014). The Australian government dictates ten days (“Personal
Leave and Compassionate Leave”, 2015). Bereavement leave is not a typical part of
employment policies outside the U.S.
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A CASE FOR BEREAVEMENT POLICY REFORM
According to a United Kingdom human resource magazine article, things might be
changing. On November 20, 2013, the Prime Minister answered positively to a question about
changing the policy posed by Member of Parliament Tom Harris (“Paid Bereavement leave may
be considered,” 2013). Some grieving parents have started petitions that are gaining recognition
among government officials (Symcox, 2013). Growing awareness with employees is beginning
to advocate for change as well. The Change Bereavement Leave Campaign, headed up by Lucy
Herd, discovered in a study that two-thirds believed the current policy was unjust. (Symcox,
2013).
Grieving in the Workplace
Studies show that grieving employees impact job performance and cost American
businesses as much as 37.5 billion dollars annually according to studies by The Grief Recovery
Institute (Stevens, 2003). This should draw some attention. What does grieving look like and
how does it affect our work? One of the most prominent experts on grieving is Dr. Elisabeth
Kubler-Ross. She started the conversation on grieving in her two books On Death and Dying and
On Grief and Grieving. In the forward of On Grief and Grieving, Maria Shriver wrote, “we are a
grief-illiterate nation” (Kubler-Ross, 2005, p. ix). As a nation, we have trouble talking about
grieving. We are expected to return to work after three days of grieving as if nothing happened.
This puts undo pressure on employees. When workers are under stress, production suffers.
There are five stages of grief that Kubler-Ross describes in her books. They are denial,
anger, bargaining, depression and acceptance. Everyone grieves in his or her own way. There is
no perfect timeline and there is no way an individual can plan to turn grief on or off. It can come
in waves at the most unexpected times. Kubler-Ross’ objective for naming these stages is simply
to help people understand what they might be feeling and therefore be able to cope with the
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A CASE FOR BEREAVEMENT POLICY REFORM
feelings a little bit better. The paper briefly describes each stage; what people feel during each
stage and how these feelings take effect at the workplace.
Denial
Denial is the feeling that the employee can’t come to grips that his or her loved one has
died. It is described as shock or numbness. Usually during this stage, the necessary travel and
funeral arrangements are made. Denial is a coping mechanism and allows for us to continue to
work and do the work that is at hand without completely giving up. It helps us survive. (Kubler-
Ross, 1969). There is no exact time when denial wears off, but, by the time the employee
actually begins to accept the reality of the loss, they are expected to return to work. The grieving
process has barely begun after three days.
Anger
Kubler-Ross (1969) explains that the anger one expresses after a loss can be pointed to
many various people or situations. It can be toward the person that died or it could be toward
oneself for not being able to stop the death. The anger could be at the doctors or nurses or God or
just at the situation that you are left to deal with the trouble at hand. Either way, Kubler-Ross
(1969) says to let your anger out. She evens goes as far as saying, “scream if you want to, find a
solitary place and let it out” (Kubler-Ross, 2005, p. 14). What if you are at work? The employee
certainly would not be able to scream. And what if the grieving employee begins to take out this
anger on colleagues? Wouldn’t it be much better to allow the employee some flexible time so
that if anger begins to surface they can feel safe to take a little extra time away from the office?
This anger is very normal and part of the process of healing. It should not be diminished and it
should not be suppressed.
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A CASE FOR BEREAVEMENT POLICY REFORM
Bargaining
Bargaining is the next stage of the grieving process. These stages do not happen
consecutively, they can happen simultaneously or individually, not following any particular
order, nor do they follow each other in a linear fashion. (Kubler-Ross, 2005, p. 18). In the
bargaining stage the grieving tries to make things they way they used to be. This stage also
partners with guilt and can lead one into depression. (Kubler-Ross, 2005, p. 19). This particular
stage can put a lot of stress on the individual as they think about all the “what-ifs”. This can lead
to being unstable at work and it can make it hard to think clearly and make good decisions. As
the employee becomes distracted with personal thoughts of grieving and loss production goes
down.
Depression
Depression is also a natural step to the healing process. It is real and must be accepted as
such in order to get through it. This stage is noticeable to people around us. It not only effects
the work we do, but it effects our relationships. Our co-workers may notice that something is
wrong and will oftentimes try to fix it. It might be hard to get up in the morning, the simplest
tasks begin to be heavy, and motivation is lost. Work suffers. This stage has perhaps the greatest
negative impact on work. It can be awkward as colleagues try to cheer up the grieving employee.
This stage could appear months down the road. And friends and managers should be sensitive to
the fact that it is a natural part of the healing process. Kubler-Ross (2005) tells her readers to
accept the depression like a ‘visitor” (2005, p. 22). She encourages people not to fight it, but to
cope with it. How is one to be depressed at work? Again, the employee should have the
flexibility to leave early or come in early. Also, there should be support systems so that they can
feel free to get counsel if the depression gets to hard to handle.
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A CASE FOR BEREAVEMENT POLICY REFORM
Acceptance
The last stage the Kubler-Ross (2005) mentions is acceptance. Acceptance is a process. It
does not mean the grieving is over for the employee, it just simply means that they realize they
must begin to move on with a new life. Life will not be the same, but it can go on and we can
learn to live with the loss. (Kubler-Ross, 2005, p. 27). During this part of the healing process,
the grieving employee may have good days and bad days. It can be a bit of a roller coaster.
During this phase, colleagues and managers may assume that life is back to normal for the
grieving employee, but Grieving can take up to several years and employers should be sensitive.
Solutions
The best thing for the employee to have during all the stages of grief is understanding and
compassion. They should be given the opportunity to take a morning off to scream or to cry if
needed. They need to be given flexibility to allow for days of depression. Managers and
colleagues need to realize that there may be some good days and some bad days as the healing
process takes place. Kubler-Ross says, “Our society places enormous pressure on us to get over
loss, to get through the grief.” (2005, p. 203). This is evident in the fact that most bereavement
leave policies are for only three to five days long. Much of our life is planned. We plan for
vacations, for celebrations, for completion of projects. But a timeline for grief cannot be
planned. It comes in vast tumultuous, unexpected waves and lasts until it decides to end. Kubler-
Ross argues that “we live in a new death-denying, grief-dismissing world now. In America, we
don’t die well and we don’t grieve well anymore” (2005, p. 205). Kubler–Ross contends, “Our is
a productive society. Most corporations allow three to five days for bereavement. Very few, if
any, will say, ‘Take as much time as you need, this is a very difficult time.’ Our work usually
allows one death per year. After our bereavement time we must go back to our work. We may go
14
A CASE FOR BEREAVEMENT POLICY REFORM
back physically, but not necessarily mentally. Employees are challenged to find closure and find
it fast. We expect everyone to grieve the same way and in the same time.” (2005, p. 206)
An Article distributed by the Chamber of Commerce of the United States in 1995
emphasizes that managers need to handle grieving employees with compassion, awareness and
flexibility. According to Gould (1995) there are several reactions to the death of a loved one that
can greatly affect the workplace such as disorganization, negativity and apathy. Her article tells
a story of a woman whose father died over a holiday. She returned to work after one week, but
she was so busy making funeral arrangements and caring for family members during her time off
that she didn’t have time to stop and grieve. T he reality of the loss didn’t set in until she was
back at work. This employee wished she was given the opportunity to have a little “space” at
work, such as the freedom to close her office door or the freedom to leave early. This is the story
told over and over again.
There is much talk about providing healthier environments in the workplace. Employers
are giving more leave for new parents and caregivers. It is time to increase awareness about the
need for employers to provide bereavement leave for their employees. There are many things a
company can do to assist and support those that are grieving. One of the main objectives is to
realize that life will never be the same for this individual and so the grieving employee should be
treated with sensitivity.
Bereavement leave is clearly overlooked in our culture, organizations and company
policies. T he conversation about bereavement needs to begin. There is a lot of emphasis and
talk about diversity, creativity, wellness and sustainability, but very little discussion in the
workplace about the needs of the grieving employee. It is time to make a change and bring this
conversation to the forefront. It is time for company policies to change. It is time for employers
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A CASE FOR BEREAVEMENT POLICY REFORM
to allow suffering employees more personal time off to grieve, without worry, without stress, but
with pay.
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A CASE FOR BEREAVEMENT POLICY REFORM
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