If you work for Florida’s executive branch, State of Florida employee bereavement leave gives you up to two paid workdays of administrative leave when an immediate family member dies. The time is granted on request under Florida Administrative Code Rule 60L-34.0071, and it does not come out of your sick or annual leave balances.1Cornell Law Institute. Florida Admin Code Ann R 60L-34.0071 – Administrative Leave
Family Members the Rule Covers
The rule lists specific relationships. You qualify for the leave when the person who died is your spouse, parent, grandparent, brother, sister, child, or grandchild. The same relationships on your spouse’s side count too, so a mother-in-law or a spouse’s grandparent falls within the rule.1Cornell Law Institute. Florida Admin Code Ann R 60L-34.0071 – Administrative Leave
The list is narrower than many workers expect. Aunts, uncles, nieces, nephews, cousins, and close friends are not covered. The rule references “spouse” and does not mention unmarried domestic partners. If your loss falls outside the listed relationships, you would need to use accrued leave rather than the two administrative days.
Who Is Eligible
The benefit applies to employees within the state personnel system, which covers career service, Selected Exempt Service, and Senior Management Service positions in the executive branch. The rule uses the broad term “an employee,” so anyone employed under the state personnel system can request the leave.1Cornell Law Institute. Florida Admin Code Ann R 60L-34.0071 – Administrative Leave
Other Personal Services (OPS) employees are the main exception. OPS workers are temporary, at-will staff and do not receive administrative leave benefits, which is the category bereavement leave falls under. If you are OPS and dealing with a family death, any time away from work would need to be arranged with your supervisor as unpaid leave.
The rule also does not reach employees of the legislative or judicial branches, local government workers in Florida, or private sector employees. Those workers are governed by their own employers’ policies or collective bargaining agreements.
How to Request the Leave
Notify your supervisor or the appropriate authority as soon as you know you will need the time. If an emergency prevents advance notice, request approval as soon as reasonably possible afterward. You must submit a written statement identifying the person who died and your relationship to them.1Cornell Law Institute. Florida Admin Code Ann R 60L-34.0071 – Administrative Leave
Some agencies ask for additional documentation, such as an obituary, funeral program, or death notice. Requirements vary, so check with your HR office if you’re unsure what’s expected. The two paid days are recorded on your timesheet under the designated administrative leave code, kept separate from any accrued leave you also use.
If You Need More Than Two Days
Two workdays cover only so much. If you need more time, you can request additional leave from your accrued balances: sick leave, annual leave, or compensatory leave. Anything beyond the two paid administrative days must be approved by your agency and will be charged against whichever bank you draw from.
If you’re newer to state service and haven’t built up much of a balance, your options may be limited. Talk with your supervisor early about what you have available so there are no surprises on your timesheet, and so the agency can plan around your absence.
Private Employers and Federal Law
If you work for a private employer in Florida rather than the state, no Florida law requires bereavement leave, paid or unpaid. Federal law does not require it either. The Fair Labor Standards Act does not require employers to pay for time spent attending funerals, and there is no standalone federal bereavement statute for private sector workers.2U.S. Department of Labor. Funeral Leave
The Family and Medical Leave Act is sometimes raised in this context, but it does not cover funeral attendance or grieving. FMLA provides up to 12 weeks of unpaid, job-protected leave for the birth or adoption of a child, caring for a family member with a serious health condition, your own serious health condition, or qualifying military exigencies.3U.S. Department of Labor. FMLA Frequently Asked Questions