Compassionate leave: What you need to know
What is compassionate leave?
Compassionate leave is a term used to qualify the time an employee is given to grieve and make arrangements following the death of a family member or a close loved one. This term is used in the United Kingdom. The time is meant to give the employee the opportunity to grieve, make any necessary arrangements and attend the funeral. Compassionate leave can also be granted for emergency situations defined later in this article.
Most people will experience the death of a loved one during their career. Grief should be respected by employers and the appropriate support and time off should be given to the employee. This time is meant to allow them to recover from this traumatic incident and get their life back on track.
When it comes to grief, everyone has a different response. Employers should respect that and managers are advised to consider the following:
- Take into consideration the wellbeing of the employee when they return to work.
- Give the necessary time off to the grieving employee. This might be different from one employee to another.
- Grief affects everyone differently, it is not a linear process.
What are the 3 types of compassionate leave?
There are three types of compassionate leave:
- Compassionate leave: This is the most common type of leave that occurs when an employee’s loved one has passed away. The time is given to them to allow them to grieve. However, it does not only cover the loss of a loved one. It can also be taken for family emergencies, particularly those that involve a dependant.
- Bereavement leave: This type of leave is very similar to compassionate leave. It differs slightly as it also involves time off to make any necessary preparations or adjustments relating to the loss of a loved one.
- Grieving leave: This term can be used to cover both compassionate and bereavement leave. It gives the employee time to grieve from the loss of a loved one and to potentially make necessary adjustments to their lives.
Examples of compassionate leave
This section presents some examples of compassionate leave to put this type of leave into perspective.
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The case of compassionate leave for a family emergency
When a dependant requires urgent attention, employees are allowed to take time off to care for them. A dependant is someone who depends on the care of the employee in question. As such, it can be a child, a parent, a close family member or a spouse. There are no rules associated with the time of the leave. However, the time allocated and the frequency in which emergencies occur should be ‘reasonable’. In this case of an emergency, it is essential to note that the compassionate leave does not apply if the employee was aware that the situation was going to occur and when. This means that planned hospital appointments do not classify as compassionate leave.
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Compassionate leave occurring after the loss of a loved one
The ACAS (Advisory, Conciliation and Arbitration Service) website provides guidance on compassionate leave and highlights that everyone is entitled to time off when their partner, parent, child or someone else close to them passes away. But, do you get paid for compassionate leave? There are no legal requirements for employers to pay employees during that time, with the exception of the loss of a child. Employers should apply the appropriate levels of sensitivity to each situation.
What the law says on compassionate leave
The ACAS website provides a wealth of official information on compassionate leave and time off for bereavement. We summarise it for you in the section below and focus on what the law says on the topic.
Any staff member that classifies as an employee has the right to time off work when the following occurs:
- A dependant passes away
- The death of a child or when a child is stillborn
According to ACAS, a dependant can be:
- The employee’s spouse;
- The employee’s child;
- The employee’s parent;
- A person living in the employee’s household, excluding tenants and lodgers;
- A person who is reliant on the employee.
The law does not stipulate the length of time off that the employee should take but states that it should be ‘reasonable’. There is also no legal requirement when it comes to the payment of the employee during this time off. Each business sets their own rules on that matter and might treat situations differently depending on the context.
When the law is more specific: The case of the death of a child
Parental bereavement occurs when an employee loses a child under the age of 18 years old or a child is stillborn after 24 weeks of pregnancy. In this case, the parental bereavement leave, also called ‘Jack’s Law’ applies and gives the employee the right to two weeks off. Employees might also be eligible for what is called ‘parental bereavement pay’.
Employee rights when it comes to leave for emergencies
Emergencies that involve a dependant give the right to compassionate leave and thus time off work. The employer should give reasonable time to the employee to deal with the emergency and should not penalise them for it. The time off can be unpaid as there is no legal requirement for the employer on that matter. These situations are often one of the below:
- When a dependant falls ill – the illness does not have to be life threatening but may be the result of a condition that is worsening.
- When a dependant is injured or assaulted – this might be the result of a mugging or similar incident and does not necessarily need to involve physical injuries.
- When a dependant has a baby.
- When the employee needs to arrange care for the dependant or when there are issues with care arrangements.
- When a dependant passed away.
- When an unexpected incident occurs with a child at school.
When it comes to emergencies, the employee needs the time off to make the necessary adjustments before returning to work and might also need flexibility when they are back at work.
Bereavement or compassionate leave policies
To ensure that managers are clear on the business direction when it comes to compassionate leave, it is recommended that HR teams create a compassionate leave policy. The policy should include the guidelines for notice periods, the terms of paid leave if any and anything else that the business might want to convey on this topic.
Here are a few recommendations for businesses on how to create a compassionate leave policy:
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Make flexibility a focus
Flexibility is essential when it comes to compassionate leave. As such, it should be reflected in the content of the policy. There isn’t a one size fits all and the document should highlight this clearly by stating that the situation might be different for each employee.
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Provide explanations and define what the policy is for
The introduction of the policy should clearly state what it is for. It should define what compassionate leave is and highlight the employees’ legal rights.
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Articulate the business’ position
Make sure that the culture and values of the business are reflected in the tone of the policy. Clearly state the business position on additional leave, including compassionate leave.
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Outline any action necessary from the employee and the process they need to follow
When the need for compassionate leave occurs, the last thing the employee will want to do is seek information on the process to follow. The policy should clearly lay out that process to make it as smooth as possible for the employee.
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Bring awareness within leadership teams
Managers should be fully aware of the policy and the position of the business. Training on how to deal with these situations can be beneficial for leadership teams.
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Encourage communication
The policy should be widely communicated to all employees. By doing so, employees are empowered and fully aware of their rights and the flexibility of the business they work for.
Flexibility and compassion are recommended when it comes to compassionate leave. Employee’s individual situations will vary and these differences should be considered. Giving employees the time they need will provide the compassion and support necessary to face difficult times.
We also recommend the articles below for more on policies:
