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How much proof can I ask for when an employee asks for bereavement leave. The employee had previously requested the same time period as vacation and was denied. As we pay bereavement leave I feel it is within reason to ask for proof but I am not sure I can.
Thanks
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It is not uncommon to ask the employee for a copy of the death certificate or obituary (of the family member (or partner's family) for which bereavment leave would be paid).
According to the DOL website: "The Fair Labor Standards Act (FLSA) does not require payment for time not worked, including attending a funeral. This type of benefit is generally a matter of agreement between an employer and an employee (or the employee's representative)."
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You have to look at what your policy states and what you have required in the past for other employees who have been paid bereavement.
It is true that you are not required to provide bereavement leave. But if you choose to you have to follow the same rules for all or you could open yourself up to discrimination issues. If you have never required documentation in the past it is not a good idea to all the sudden begin.
You should consider revising your policy to always require this information in the future.
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