Compassionate Leave

Taking Compassionate Leave in the UK

Leave of absence for family reasons is a particularly sensitive topic of discussion. Losing a loved one can be one of the most traumatic situations in a person’s life. How do HR managers deal when this happens to one of their employees?

In this article, we explain the different types of compassionate leave. We then discuss the requirements under UK law, thorny issues and key considerations to make for your future HR processes and policies.

What is Compassionate Leave?

Compassionate leave is the time given to workers in the UK to grieve and make arrangements following the death of a family member or loved one. It gives workers time to grieve, make necessary arrangements and attend a funeral or memorial service.

Compassionate leave is a time off granted to employees due to a death in the family or a loved one. This gives employees time to grieve, make arrangements and attend a funeral or memorial service.

Three types of compassionate leave

Not all vacations are the same, because there are different types, which we explain in the following table:

Type	What It Means
Compassionate Leave	The most common and popular term for the time an employee takes off to process the loss of a loved one.
Bereavement Leave	Essentially equivalent to Compassionate Leave, it is used when employees take time off to grieve and make preparations for the loss of a loved one.
Grievance Leave	Used interchangeably with Compassionate and Grievance Leave. It is a holiday that gives someone the opportunity to mourn the loss of a close relative (with all the possible steps that entails).

What is special leave?

Special leave is the term for the release of employees by the employer for a number of extenuating circumstances. This can be paid or unpaid leave, which is usually granted in addition to annual leave.

We cannot talk about compassionate leave or bereavement leave without considering special leave. In short, special leave is leave that includes all of these and other situations that could affect an employee’s ability to be present at work.

Do you need a special leave policy?

A special leave policy provides a framework for employees to request time off in the event of unforeseen or unexpected events. This is to ensure that companies have the opportunity to make it clear to their employees what options are available to them and how they should behave in the event of an emergency. Most organizations should definitely have such a policy.

Examples of special leave

Some examples of special leave include:

Serious illness or bereavement of a relative

Unforeseen emergencies affecting relatives

Unexpected domestic emergencies that may arise

Examples of compassionate leave

How can we make bereavement leave a little more tangible? Here are some examples to consider…

Compassionate leave of absence for family emergencies

In the first case, employees can take time off to deal with an emergency involving a family member. For further clarification, nidirect offers a guide on what counts as an emergency.

According to gov.uk, a dependent can be “a spouse, partner, child, grandchild, parent or someone who relies on your care”. There is no fixed amount of time recommended, allocated or required for leave, but it must be reasonable.

While there are no limits on how often employees can take care leave, employers are not required to pay for this type of compassionate leave.

In addition, employees cannot take this type of leave if they knew about the situation beforehand. For example, if an employee needs to take leave because of a hospital stay, this would not be considered compassionate leave.

Instead, the employee could be entitled to parental leave. Otherwise, it is at the discretion of the employer to grant and pay the time off.

Compassionate leave of absence in the event of death

Acas advises that every worker has the right to take time off if their partner, parent, child or other person who relied on them has died. In this sense, employers are not required to compensate employees for the time they take to cope with the death of a relative (other than a child).

However, it is noted that it is important for employers to respond to the needs of the individual and take into account their physical and mental well-being: both at this time and after they return to work. Although there is no hard and fast rule, in this case everything depends on the context.

What is the entitlement to compassionate leave?

How much time can an employee take off for personal reasons as part of a vacation? According to the wording of the law, there is a right to a “reasonable” period of time that corresponds to the conditions of the vacation. However, this depends largely on the situation, although one or two days may be appropriate, but also a week or more. It depends.

Gov.uk outlines the five practical, necessary steps to take in the event of a death. This includes registering the death and arranging the funeral, notifying the government, dealing with death benefits, pensions, taxes and estates, and even considering whether the person dealing with the death of a loved one applies to remain in the United Kingdom.

However, dealing with the death of a person is a much broader issue than dealing with the practical aspects of life without that person. Therefore, the concept of “reasonable time” is a concept that is better handled on a case-by-case basis.

How to create a compassionate leave policy?

When it comes to developing a compassionate leave policy, the first rule for companies is to be flexible. After all, grief can come in all shapes and sizes, and it is virtually impossible to find a one-size-fits-all solution.

So when it comes to creating a framework, it should be just that: an idea on how to approach the special leave process, taking into account the fact that it can be different for each individual employee.

The following step-by-step guide will help you develop some clear ideas about what you need to include in your special leave policies:

Step	Explanation
Step One: Employee Rights	Any policy must begin with the employee’s legal right to vacation.
Step Two: Additional Leave	Here you can outline your company’s policy regarding additional leave.
Third step: definition of vacation	Paid or unpaid vacation? Is there a minimum number of working years? What does additional compassionate leave look like in your organization?
Step Four: Outline a Process	A tragedy can happen in an instant, and employees need to be able to inform their colleagues easily and without additional emotional burden. How can employees easily submit a request for special leave or inform their colleagues that they need to take special leave?
Step Five: Train Managers	Train Managers Your managers need to be well-versed in dealing with compassionate leave. Therefore, provide training to help them show empathy, cope with the tasks at hand and guide employees through a difficult time.
Step Six: Promote Transparency	Make your policies known, share them in an accessible environment, and give everyone the confidence to take compassionate leave and feel empowered.

Facilitated Vacation: Frequently Asked Questions

Here are some of the most frequently asked questions about vacationing out of pity or sadness:

How much is the vacation pay?

There is no hard and fast rule when it comes to paying for compassionate leave, and the same goes for paying for bereavement leave. Employees can be placed on paid or unpaid leave – this depends on the relevant regulations.

What is a Compassionate Leave Policy?

Although an employer is not required to state that it allows compassionate leave, as all employees have the right to do so, a compassionate or bereavement leave policy will help clarify notice policies, conditions for paid or unpaid leave and specify anything else an employer deems necessary when it comes to its particular policy.

What is parental bereavement leave?

Parental bereavement leave is granted when parents have to cope with the death of a child who is under 18 or after the age of 24. In these incredibly sad circumstances, parents are entitled to two weeks’ leave and pay.

Are employers legally required to provide compassionate leave?

That depends on how you define “compassionate leave” and – although it’s a difficult subject – on the person who died. Employees who have lost a child (under 18) or a stillbirth after the 24th week of pregnancy are entitled to two weeks of statutory parental bereavement leave and statutory parental bereavement pay.

Can an employer offer more compassionate leave?

Companies can of course give their employees more vacation. This depends on their approach and the way this is enshrined in their policies. However, employers can only claim back £151.20 per week or 90% of average weekly earnings (whichever is lower) from the government for the period the employee was furloughed.

How should employees return from vacation?

Employees also have the right to return to work after this leave. You can find out more about facilitating a successful gradual return to work in our article above right.