NYSBA CLE Focuses on Proposed Law on Animal Bereavement
3.2.2026
The legal landscape surrounding employee benefits is shifting with the New York State Legislature considering proposed changes to labor law dealing with animal bereavement.
A recent continuing legal education course sponsored by the New York State Bar Association’s Committee on Animals and Law looked at legal issues surrounding end of life care for animals and the impact animals have on their human owners in the workplace. The committee ran a three-part series on end-of-life care and decision making for animals.
“There is a gap in benefits that support pet loss, but there are opportunities to work with employers on this issue,” said Nance Schick of Third Ear Conflict Resolution, which specializes in employment law and mediation. “Employers can extend existing paid time off policies or human bereavement leave for the death of a pet.”
Currently, there is no federal or New York State law that provides for pet bereavement leave. Employees are also prohibited from using Paid Family Leave or the Family and Medical Leave Act to care for an animal or for pet bereavement. Schick adds that grief over the loss of a pet may cause a human health condition for which family leave many apply, but stresses that in most cases the medical issue will not rise to that level.
“It is important to remember the disability benefits and paid family leave are only used for a human illness, which will be determined by your insurance carrier,” Schick said.
There is movement in the state legislature to tackle the impact of employee benefits and pets. NYS A791 amends the labor law to allow employees to receive paid sick leave to care for a sick pet. The bill is sponsored by Assemblymember Manny De Los Santos and is under consideration in the Assembly Labor Committee.
Beverly Jones of the New York City Department of Health encouraged attendees to review their company handbooks and look for ways to lead with compassion and understanding.
Schick agrees, encouraging employers to recognize that grieving team members coming back to work too soon can be a liability.
“If your employee is distracted because they are grieving, they are more prone to errors, accidents and a variety of other missteps that might put you at greater risk than if you just gave them a few hours off to take care of what they needed to around their pet,” she said.
Schick goes on to detail the following steps a general counsel should consider when in this area of employment law:
- Keep an eye on proposed legislation.
- Confirm all employee absences.
- Review internal leave policy.
- Provide clear guidance on what is covered under bereavement.
- Encourage staff to use Paid Time Off.
End-of-Life Care for Animals
The first two sessions in this three-part series dealt with non-legal issues surrounding end-of-life care for animals and how owners can navigate those decisions.
Amir Shanan, a hospice veterinarian, details how animals are resilient and can adapt to a change in health, which is not akin to suffering in the way that humans understand. Shanan provided the example of an active dog that can no longer run. The dog is not saddened at the loss of its mobility but adapts to a new sedentary lifestyle.
“Animals may experience some discomfort and distress, but it is consistent with life going on,” he says. “With pain management, animals can enjoy life, food and connection.”
When an animal no longer has the capacity to adapt, Shanan says, is when suffering comes into play.
Shanan says many veterinary office staff will discuss end-of-life choices when an animal is first diagnosed with a terminal illness. Owners often feel pressure to make those decisions, including the use of euthanasia, at a time when they are still processing bad news. Shanan encourages pet owners to avoid making decisions at the time of diagnosis. A rushed decision, he says, may not be the right one.
Gail Pope, the owner of the BrightHaven animal hospice center, agrees that allowing time following diagnosis is central to making the right decision. She advises owners to ask the veterinarian if the pet can go home and ask what support might be available.
“You should ask questions such as ‘what would change if I waited [to make end of life decisions] and what changes should I look for?’,” she advises.
Pope teaches families how to observe their animal and make assessments. She uses a traffic light as an example:
- Green: treatment or care measures are working.
- Yellow: monitor and adjust treatment.
- Red: adjust and consult the veterinarian.
“Families feel empowered with this assessment tool and maintain quality of life longer for their pet longer than anyone expected,” she said. “Hospice provides time to observe, care and respond. It has a profound effect on families.”
Caring for the Animal Caregiver
Lastly, animal hospice grief coach Michael Nichols offered practical steps on how to involve family members and the other animals in the home in grieving.
“Children should be a part of saying goodbye to an animal. They can leave the room for the euthanasia, then come back in,” he said. “If possible, allow other household pets to sniff the deceased animal. They only need one sniff, and they understand the animal has died. The surviving dog will no longer be searching for that pet.”
Nichols says caregivers can be pushed into a decision and come away with feelings of guilt for acting too soon or a feeling of regret for waiting too long.
“This is not evidence of failure but comes from a sense of love. Regret over time can harden into shame,” he said.
The Committee on Animals and the Law holds events and CLE programs throughout the year on a wide range of legal topics relating to the care of animals.
