Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.
Yes, an employer can make this request because nothing in either state or federal law actually requires an employer to grant bereavement leave. An employer has the legal option not to provide that sort of leave at all.
Where they choose to grant that sort of leave, they can make a specific request for evidence supporting the leave. If you can't obtain that sort of evidence, the employer could even terminate based on it. That being said, if the employer is unreasonable in their requirements, you'd be able to obtain unemployment despite the termination.
However, unfortunately, the termination itself would be legal. Regrettably, employers are granted a great deal of latitude with this sort of thing.
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