Q. I lost my beloved brother recently, and we need to go out of state for his funeral. I work for a small mortgate company in Colorado, and my boss says we have no policy allowing funeral leave. He says I can't take even unpaid time to go. Can my boss do that?
A. Generally, yes. Funeral leave is a benefit offered by some employers, but is not legally required by federal law. According to the US Department of Labor, 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). If your boss has allowed other employees to take funeral leave, it is possible there might be some kind of discrimination claim, although it could be extremely difficult to prove. Be sure to check your employee handbook to verify your company's written position on funeral leave. If there is in fact a policy, you may have more to go on.
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