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Defining Compassionate Leave for UK Employers

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4 min read

Tragedies such as loss of a loved one or grave illnesses are inevitable. While we certainly hope they don’t occur every day, it is important to be realistic and be prepared for when they do occur. It can be particularly beneficial to outline steps or have a general plan of what to do. As an employer, implementing a compassionate leave policy could be the solution. This provides your employee time to attend to their affairs and gives you a structured way to support your employees during difficult times.

What is Compassionate Leave?

Compassionate leave is when an employee is given time off to deal with the death, serious illness or life-threatening emergency of a close family member or loved one. 

Compassionate leave is often short-term (for example, a few days or weeks).

In some companies, leave to deal with the death of a loved one is explicitly called bereavement leave

What Does Compassionate Leave Entail?

Compassionate leave entails time off to deal with a difficult situation impacting an employee’s loved one. 

Employees might use compassionate leave to:

  • Take time to grieve and process their emotions without worrying about their work commitments.
  • Arrange a funeral or memorial service.
  • Handle the legal or administrative aspects of a death or serious illness.
  • Support a loved one in a life-threatening condition in a hospital, hospice or receiving end-of-life care at home.

The duration of compassionate leave varies from company to company and depending on where you are in the world. Most companies will outline how much compassionate leave they will grant, whether paid or unpaid, and the process for requesting it in their contract or employee handbook.

In the UK, there is no legal requirement to provide compassionate leave. Under the Employment Rights Act 1996, employees can request a reasonable amount of unpaid leave to deal with emergencies involving their dependents. 

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What to Include in a Compassionate Leave Policy

A compassionate leave policy needs to be clear and comprehensive so that employees referring to it in an emergency or highly emotional situation can easily find the information they need.

The following sections are a guideline for what to include in a compassionate leave policy:

Purpose & Scope

At the start of your policy, clarify that compassionate leave support employees through challenging circumstances. You may want to mention that the company will consider each employee’s situation on a case-by-case basis and to point the employee towards any mental health support the company offers.

Define what your company means by compassionate leave and whether bereavement leave is a separate policy. You may also want to mention whether you have a Carers’ Leave policy. Ensure you include details of who the policy applies to (for example, temporary or part-time staff). 

Include a sentence stating that employees can expect to have their circumstances treated confidentially and sensitively. 

Criteria for Compassionate Leave

While it might seem odd to use the word criteria in the context of life-changing events, your compassionate leave policy must be clear on the situations where an employee can apply for compassionate leave. These situations are usually those that cause significant personal distress, such as death or critical illness, but there may be other circumstances (for example, severe mental health episodes) that you want to include. Use this section to define what is meant by a ‘close family member’ or ‘loved one.

Length of Leave

Outline how many days of compassionate leave are available and whether they are paid or unpaid. It is helpful to clarify if employees can request extra leave and refer to the process for employees to follow if they want to ask for more leave.

Process

Clarify how an employee should request compassionate leave:

  • Who to contact and when
  • How to do so (email, phone, employee portal)
  • The required documentation (for example, a death certificate or medical notice) 

It can also be helpful to include information on what employees need to do if they want to extend the leave they have applied for or transition their compassionate leave into a different arrangement, such as flexible or remote working.

Impact on Benefits

Explain if there is any impact on an employee’s annual leave, pension payments or bonuses if they take compassionate leave. 

Support Available

Outline any support the company provides to employees on compassionate leave, like access to a counselling service or flexible working arrangements. 

Return to Work

Clarify expectations regarding who the employee should talk to about their return to work, whether phased returns are an option, and any support the company will provide.

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FAQs

Is Compassionate Leave Paid?

Whether compassionate leave is paid or unpaid is up to each company to decide. There is no legal requirement for paid compassionate leave.

How Long is Compassionate Leave?

The duration of compassionate leave is up to each company. Most companies will grant a few days or a couple of weeks as an initial amount of compassionate leave, with the option to extend it if required.

Is Bereavement Leave the Same as Compassionate Leave?

No, bereavement leave is specifically for employees who need time off in the event of the death of a loved one. In contrast, compassionate leave usually has a broader remit and can be applied when the employee needs to care for a loved one in an emergency or life-threatening situation.

Is Carer’s Leave the Same as Compassionate Leave?

No, carer’s leave is given explicitly to employees who need time off to care for a dependent with a long-term need. In the UK, employees are entitled to up to a week of carer’s leave if they have individuals dependent on them for their care, such as children or elderly parents.

What is Statutory Parental Bereavement Leave?

Statutory parental bereavement leave is a legal requirement for employers to give their employees up to two weeks of leave for the loss of a child under 18 or a stillbirth after 24 weeks of pregnancy, regardless of how long they’ve been with their employer.

Does Compassionate Leave Apply to the Loss of Grandparents or Pets?

Whether compassionate leave applies to the loss of grandparents or pets depends on the company policy. Most reasonable companies will understand the significance of a close grandparent or pet.

Imogen is a freelance writer specialising in health, travel and people, who loves creating content that is accessible and easy to digest. She is also currently in her second year of retraining to be a children and adolescent therapist. In her spare time, she goes cold water swimming, plays tennis and loves to travel with her family and their dog.

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