Bereavement Leave Requirements in New Jersey

Short answer No. New Jersey does not currently require an ordinary private-sector employer to provide a separate block of bereavement leave. The State's earned-sick-leave purposes and Family Leave Act purposes do not include death, funerals, memorials, or grief itself, although a qualifying mental or physical health condition after a loss may independently support earned sick leave; two pending 2026 bill pairs would add child-loss and reproductive-loss coverage.
State
New Jersey
Statute checked
July 15, 2026
Sources
2 statutes
Pending legislation could change this.
NJ A2198 / S2046 (222nd Legislature, 2026-2027) (A2198 was reported by the Assembly Labor Committee and referred to the Assembly Appropriations Committee March 16, 2026; the June 11 Legislative Digest records another co-sponsor but no later committee disposition through August 13. S2046 remains in the Senate Labor Committee after its January 13 referral): Would add protected Family Leave Act leave and family temporary disability benefits for a child's death, miscarriage, stillbirth, medically necessary pregnancy termination, failed planned adoption, or unsuccessful fertility treatment. Depending on whether other leave or benefits apply, the proposal uses a 21-day or seven-day post-event limit and does not increase the existing overall leave or benefit maximums. track it Status checked August 13, 2026.
NJ A113 / S1869 (222nd Legislature, 2026-2027) (A113 remains in the Assembly Labor Committee and S1869 remains in the Senate Labor Committee after their January 13 referrals; both official current texts remain introduced pending technical review through August 13, 2026): Would add a child's death, or miscarriage or stillbirth involving the employee or a gestational carrier, as a Family Leave Act purpose and a basis for family temporary disability benefits. track it Status checked August 13, 2026.

At a glance

Governing law and type of leaveNo current standalone private-sector bereavement mandate. N.J.S.A. 34:11D-3 earned-sick-leave uses and N.J.S.A. 34:11B-3 Family Leave Act purposes do not include bereavement
Covered employers and employeesNo current bereavement-specific coverage. Employer policy or agreement controls any separate benefit; coverage under another leave law matters only when the absence independently fits that law
Qualifying deaths, relationships, and eventsNo current statewide private-sector death, relationship, funeral, memorial, or reproductive-loss list. A qualifying employee health condition after a death is an earned-sick-leave basis, not bereavement leave
Leave amount, timing, and capsNo current bereavement-specific allotment, per-death amount, annual cap, consecutive-use rule, or completion window; employer policy controls
Paid or unpaid; use of existing leaveNo required paid or unpaid bereavement allotment. Accrued paid sick leave may cover a qualifying mental or physical illness, injury, or adverse health condition after a loss, but not bereavement alone
Notice, documentation, and proofNo current bereavement-specific state notice, request-form, proof, or privacy rule; voluntary employer policy supplies the procedures, subject to other applicable law
Job protection, attendance, and confidentialityNo current bereavement-specific restoration, attendance, retaliation, or confidentiality right; separate earned-sick-leave or Family Leave Act protections require an independently covered purpose
Enforcement, remedies, and deadlinesNo current general bereavement-specific claim or deadline. Policy, contract, collective bargaining, and independently qualifying leave rights use their own remedies

What an employee and employer do under current law

New Jersey does not currently create a general block of funeral, memorial, bereavement, or reproductive-loss leave for ordinary private-sector employees. N.J.S.A. § 34:11D-3 lists the permitted uses of earned sick leave: employee and family health needs, domestic or sexual violence, specified public-health circumstances, and child-related school or care meetings. Death, funeral attendance, memorial arrangements, grief itself, and post-death tasks are not included.

The Family Leave Act also does not currently supply post-death leave. N.J.S.A. § 34:11B-3(i) identifies birth, foster-care or adoption placement, care for a family member with a serious health condition, and specified public-health emergencies. Its current purpose list does not include a family member's death or reproductive loss.

Any separate bereavement benefit therefore begins with the employer's handbook, collective bargaining agreement, or other policy. That document supplies the covered relationships and events, amount, pay, notice, proof, privacy, and attendance treatment.

A health condition after a loss is a different basis

Section 34:11D-3 permits accrued earned sick leave for an employee's mental or physical illness, injury, or other adverse health condition. A qualifying condition after a death can therefore support paid sick leave, but the protected reason is the health condition, not bereavement or funeral attendance.

Pending bills would change the answer

A2198 and S2046 propose the broader change. They would add protected Family Leave Act leave and family temporary disability benefits for a child's death, miscarriage, stillbirth, medically necessary pregnancy termination, a failed planned adoption, or unsuccessful fertility treatment. The proposal uses a 21-day post-event limit when no other leave or benefit applies and a seven-day limit when the person otherwise qualifies, without enlarging the existing overall leave or benefit maximums. A2198 was reported favorably by the Assembly Labor Committee; neither bill is current law.

A113 and S1869 are narrower alternatives focused on a child's death, miscarriage, and stillbirth. They also remain proposals rather than current rights.

What trips people up

Paid sick leave is not automatically bereavement leave. A death alone is not one of the current section 34:11D-3 uses. A resulting qualifying health condition is a different statutory basis.

Family leave generally concerns care before death. Current Family Leave Act categories do not continue as a general grief or funeral period after the family member dies.

Committee approval is not enactment. A2198 has advanced, but its proposed child-loss and reproductive-loss protections do not apply unless legislation is enacted and reaches its effective date.

Common questions

Can a New Jersey employee use earned sick leave to attend a funeral?

Not solely because it is a funeral. The current permitted-use list does not include funeral or memorial attendance. An employer's separate policy may allow the absence or permit another paid-leave bank to be used.

What if grief causes depression, anxiety, or another health condition?

Accrued earned sick leave may be used for a qualifying mental or physical illness, injury, or other adverse health condition. The health condition, rather than bereavement itself, is the protected reason.

Are the proposed 21 days available now?

No. The 21-day and seven-day limits are in pending A2198 and S2046. They are not current employee entitlements.

Statutes and sources

Source links

Every statute quoted above, linked, with the date we checked it.

N.J.S.A. § 34:11D-3 · accessed 2026-07-15
N.J.S.A. § 34:11B-3 · accessed 2026-07-15
This page is general legal information about state-law bereavement, funeral, memorial, and death-related leave, not legal advice about a particular absence, loss, family relationship, document request, attendance decision, or retaliation claim. Coverage can depend on employer size, employee tenure or hours, the relationship to the person who died, the type of loss or task, available accrued leave, notice, proof, and timing. Separate federal, state, and local laws govern family and medical leave, paid family leave, sick time, pregnancy and reproductive loss, disability, public employment, collective bargaining, wage replacement, and discrimination. Verified against the official statute or agency material on the date shown; confirm current law or consult the state labor agency or a licensed attorney before relying on it.

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