Nearly a quarter of working age adults know someone who has died within the last 12 months, according to the charity Sue Ryder. Added to this, Marie Curie states that 58% of employees felt their performance was impacted by grief months after a bereavement.
Taking time off for both bereavement and other life hardships can be a particularly sensitive area of people management. No one person deals with challenges in the same way, which is why it can be tricky for organisations to create a singular policy to address all situations.
In our complete guide, we outline what organisations should consider when approaching the topic and bereavement and compassionate leave, such as legal obligations and elements of a comprehensive workplace policy. We’ll cover:
- What’s the difference between bereavement and compassionate leave?
- What are the legal obligations for bereavement and compassionate leave?
- What should be included in a bereavement and compassionate leave policy?
- How long can an employee be permitted to be absent from work?
- Do employers have to pay employees when they take bereavement or compassionate leave?
- Who is classed as ‘close or immediate family’?
- In what situations can employees utilise compassionate leave?
- Can employees use compassionate and bereavement leave for the same absence?
- Can employers reject requests for compassionate or bereavement leave?
- Further reading.
What’s the difference between bereavement and compassionate leave?
Bereavement and compassionate leave are two related yet distinct terms that are often used interchangeably. It’s common for organisations to collate the two areas together under one policy, while some may keep them separate. It can also be commonplace for employers to refer to both scenarios under the term ‘compassionate’ leave.
Whilst there is no right or wrong approach, it’s important to understand the nuances between them when it comes to crafting effective workplace policies and providing support to employees during difficult times.
Bereavement leave
This type of leave typically refers to the time off granted to employees specifically for mourning the loss of an immediate family member, such as a spouse, child, or parent. Employees are given time off to grieve, make funeral arrangements, or help in managing affairs following a family member’s passing. Bereavement leave is intended to acknowledge the profound impact of losing a close family member on an individual’s wellbeing.
Compassionate leave
Compassionate leave, on the other hand, has a broader scope. It is typically granted for reasons beyond immediate family bereavement. Compassionate leave may cover situations where employees need time off to care for an ill family member, attend to personal emergencies, or support in managing emergencies for close friends or family members. This type of leave acknowledges that personal crises can take various forms and affect an individual’s ability to perform their job effectively. Compassionate leave policies vary widely and can include provisions for both family and non-family related situations.
What are the legal obligations for bereavement and compassionate leave?
There is limited employment law in connection to bereavement or compassionate leave.
The Employment Rights Act 1996 outlines that employees are permitted to take time off to attend to personal emergencies or emergency situations relating to a dependent. However, the length of time is not stipulated, only that the permitted time off should be ‘reasonable’.
In terms of pay, while employees have a statutory right to a reasonable amount of time off, this does not extend to the right to be paid during that period. The only law in place to specify leave and pay entitlement is following the death of a child.
Jack’s Law, which was introduced in April 2020, provides employees with a minimum of 2 weeks’ leave and statutory parental bereavement pay following the death of a child under the age of 18 or a stillbirth after 24 weeks of pregnancy*, irrespective of length of service.
*Employers should be aware that if an employee experiences a stillbirth after 24 weeks, in addition to parental bereavement leave, they would also be entitled to the usual maternity leave and pay.
What should be included in a bereavement and compassionate leave policy?
As there is limited employment law surrounding this area, organisations should make sure their policy is robust and clear. It should include:
Time off. Confirm the exact number of days off employees are entitled to following a death or in an emergency situation. Some organisations have different leave entitlements for different situations.
Pay. Indicate whether your employees will be paid during this time away from the workplace. If so, specify whether this will be at their usual rate of pay, or if this will be calculated another way. A policy should also make it extremely clear if some situations would be paid and others unpaid.
Communicating the request. Your organisation’s policy should outline how employees should make the request for bereavement or compassionate leave, as well as who the request should be made to. It’s important to make this process as streamlined as possible to support the wellbeing of the individual.
Eligibility. Organisations typically extend these entitlements to all employees from day 1. However, if this is not the case, the eligibility criteria should be clearly specified in the policy.
How long can an employee be permitted to be absent from work?
In ONS research in 2020, it was estimated that 7.9 million employees experienced bereavement, whilst 2 million experienced ‘intense grief’. People react differently to deaths of loved ones and other hardships in life. Some employees may want to return to work quickly as a useful distraction, while others prefer to stay away, so flexibility is important.
As there is no set length of time in employment law, each organisation should specify the amount of leave permitted. Employers must remember that whilst their policy may offer, hypothetically, 5 days off following the death of a close family member, an employee may not be ready to return to the workplace at that time. In this case, the employee may choose to extend their period of leave either by requesting to take annual leave or by being signed off by their GP because of a stress reaction or depression.
“When considering work-related activities, bereavement can affect concentration and sleep patterns, which may lead to tiredness, forgetfulness and impaired decision-making.” CIPD
As this quote from the CIPD highlights, it’s important to remember that bringing an employee back into the workplace before they are ready may prove unproductive. Allowing employees to take the time they need will support their mental health and aid their ability to return to normal duties.
It’s also important for employers to be mindful of different cultural customs following the death of a loved one. Some religious beliefs dictate specific mourning rituals and it’s critical that employers are aware of this when considering a request for bereavement leave in order to operate in line with the Equality Act 2010. Rejections to periods of leave without considering an employee’s faith may be considered discrimination.
Do employers have to pay employees when they take bereavement or compassionate leave?
Whilst there is an entitlement to reasonable time off in certain circumstances, other than parental bereavement leave, there is no requirement to pay employees for time off in connection with bereavement or compassionate leave. However, organisations should consider the impact on the employee in an already difficult situation should their pay be stopped whilst they are away from work.
Some organisations, such as Facebook, offer particularly generous bereavement and compassionate leave entitlements. In recent years, Facebook introduced a policy giving employees up to twenty days’ paid compassionate leave in the event of a death in their immediate family. However, employers should consider whether their specific organisation can afford to pay for any bereavement or compassionate leave, and, if so, how much.
An XpertHR survey on compassionate leave found that, on average, companies provide five days’ compassionate leave per year and 60% said that this leave was paid. A further 37.7% said that the leave was a combination of paid and unpaid leave.
The duration and nature of the leave requested can influence whether the time off is paid or unpaid. Again, each scenario should be clearly outlined within the company policy and the pay entitlement should accompany this.
Who is classed as ‘close or immediate family’?
It’s common practice for organisations to create different tiers within their bereavement and compassionate leave policy. This is particularly common for public sector organisations. For instance, a first tier, offering the most leave and pay, is often ‘close or immediate’ family. Other tiers may then refer to ‘extended’ family members. But what is the difference?
Generally speaking, close or immediate family members include the following:
- Spouse or civil partner
- Children
- Parents
- Siblings
Extended family members would then cover:
- Grandparents
- Aunts/ uncles
- Cousins
However, this can be a contentious area to define. Specifying the length of time someone is allowed off work to grieve can be problematic for employers to navigate when family dynamics can be so unique to each and every family unit. For instance, some individuals have extremely close relationships with grandparents..
Allowing flexibility for discretion in policies is key to giving employees the support they need during difficult times.
In what situations can employees utilise compassionate leave?
Compassionate leave, also known as personal leave, is designed to offer employees the flexibility to address various personal crises or emergencies that may impact their ability to fulfil their work responsibilities effectively.
Whilst the specific situations eligible for compassionate leave may vary based on company policies, the following examples are a general guideline outlining the circumstances commonly requiring compassionate leave:
- Serious illness of a family member. Employees may use compassionate leave to care for an immediate family member who is seriously ill. This can include situations where a family member requires hospitalisation, surgery, ongoing medical treatment, or significant caregiving.
- End-of-life care. When an immediate family member is in the terminal stages of a serious illness or nearing the end of their life, compassionate leave can be utilised to provide emotional support and caregiving.
- Personal emergencies. Employees may request compassionate leave for personal emergencies, such as unforeseen home-related crises, accidents, or significant personal challenges.
- Emergency support. Employees may also request compassionate leave to support a close friend or family member in crisis. However, some organisations may not support requests to help friends and may limit this to family member crises.
It’s critical that the organisation’s policy provides example scenarios of acceptable reasons for compassionate leave so employees can clearly understand the purpose of this type of leave, particularly when it is separated in definition from bereavement leave.
Can employees use compassionate and bereavement leave for the same absence?
Yes. Employees can use both compassionate and bereavement leave for the same absence, depending on the circumstances. For example, if an employee is called upon to support a critically ill family member and that family member subsequently passes away, it is common practice for the employee to utilise compassionate leave immediately followed by bereavement leave.
Combining compassionate leave and bereavement leave allows employees to receive the necessary time off and support during challenging situations whilst adhering to their organisation’s policy.
It’s important for both the employer and employee to maintain clear lines of communication during periods of absence such as this. Employers must make sure they avoid any misunderstandings and that their employee knows which type of leave they are utilising.
Can employers reject requests for compassionate or bereavement leave?
Yes, technically employers can reject requests for compassionate or bereavement leave under specific conditions. As with all types of leave requests, the request can be rejected if the needs of the business cannot be met.
However, employers need to tread carefully here. Should an employee be unable to secure time off to manage a personal emergency or grieve, this will likely have a detrimental impact on their ability to undertake their normal workplace responsibilities. And should an employee request be rejected, the employee may decide to take sickness absence, which the employer would be unable to refuse.
It is strongly recommended that employers avoid rejecting requests for compassionate or bereavement leave and instead sit down with their employee to understand the situation in more detail and come to an agreement, demonstrating empathy and flexibility.
How Fitzgerald can help
Our experienced People Partners can partner with you to create a robust policy and procedure which aligns with your organisation’s values. We can also provide expert practical guidance when queries relating to bereavement and compassionate leave arise.
If this is an area where we can support your business, then don’t hesitate to contact us on 0330 223 5253 or e-mail us on office@fitzgeraldhr.co.uk
Further reading
We hope you found this article useful. You may also find these resources helpful:
