Compassionate Leave Policy: An Employer’s Guide
Content Warning: This section contains discussion of stillbirth and child loss, which some readers may find distressing.
It’s a fact that throughout life, personal and family emergencies will occur. While these situations are often beyond our control, employers have a critical role to play in supporting the wellbeing of their employees during such challenging times.
In this blog, we’ll explore the concept of compassionate leave – what it entails, common reasons it may be granted, and key considerations such as pay, legal obligations, and the duration of leave.
Since grief and trauma affect individuals differently, it’s essential for employers to approach these circumstances with empathy, sensitivity, and a commitment to creating a supportive work environment.
What is compassionate leave?
This type of absence should be offered to employees to deal with personal or family emergency situations. It is not definitively a legal right, but a reasonable employer should allow for compassionate leave to support their employee. Read on for more about UK laws.
Employees may need to take compassionate leave if a relative or someone close to them is dying or has been diagnosed as terminally ill. It also may be because they witnessed a traumatic event, have a childcare emergency, or have been a victim of a crime.
It is designed to help employees through this time of distress and upset.
Is compassionate leave paid?
There is no legal requirement for an employer to provide full pay. But many do, especially if the employee only takes a few days off work. If an individual is experiencing a difficult time, compassion and understanding are advisable. Compassionate leave, either paid or unpaid, can be used to support this.
So, do employers have to pay compassionate leave? No, but most businesses do for the wellbeing of their employees.
How long can compassionate leave last and what sort of support can employers provide?
Compassionate leave allowance can vary. It is usually at the discretion of the employer and depends on the situation.
Most companies offer 3-5 days of leave, however, depending on the circumstances, an agreement can be reached to extend the length of leave.
Law states that employees should be given a “reasonable” amount of time, which suggests it will differ depending on the seriousness of the situation.
As an employer, remember to:
- Be considerate of what each person is going through. Everyone experiences emotions differently.
- Consider their wellbeing during their time off and when they return to work.
There are no limits on the number of times you need to separately take leave if your dependents are involved. However, as an employer, you should talk to your employees if it will affect their work and the company.
It does not apply to events or situations that you knew about or were planned for. For example, taking your child to a hospital appointment. Parental leave should be requested for this.
UK laws surrounding compassionate leave
You may be thinking, ‘is compassionate leave compulsory?’
It is law for everyone to be treated fairly by their employer. This means that you cannot deny their time off for compassionate leave if it is ‘reasonable’. The difficult thing about this is that it is subjective, as the term ‘reasonable’ is defined differently by everyone.
This is why it is recommended to have a compassionate leave policy in place. It acts as a guide for all senior staff within the company and ensures appropriate protocol is performed.
As an employer, while an employee is on compassionate leave, you cannot:
- Make the employee redundant or dismiss them for taking time off
- Refuse them a promotion or prevent them from new opportunities
If they have the legal status of an employee, they have the right to take leave if:
- A ‘dependant’ dies (Time off for dependents)
- Their child is stillborn, or their child dies under the age of 18 (Parental Bereavement Leave)
- Their child is under the age of 18 and they need to look after them (Parental Leave)
- To care for a dependent with a long-term care need (Carer’s Leave)
What does being a ‘dependent’ mean?
A dependent could be:
- Their husband, wife, civil partner or partner
- Their child
- Their parent
- A person who relies on them
- A person who lives with them
However, if the person who died is not a child or dependent, there is no legal right to take time off in these circumstances.
Is leave paid? Compassionate leave Vs Statutory leave rights
Compassionate leave is not a statutory right in the UK, which means employers are not legally required to offer it as paid time off. Whether the leave is paid or unpaid is at the employer’s discretion and typically depends on internal policy or employment contracts.
However, it must be remembered that some types of leave must be granted by law. See below for examples…
Time off for dependents
Employees are legally entitled to take a reasonable amount of unpaid time off to deal with emergencies involving dependants (e.g. a partner, child, or elderly parent).
Parental bereavement leave
Parents who lose a child under 18, or suffer a stillbirth after 24 weeks of pregnancy, are entitled to two weeks’ paid leave if they meet eligibility criteria (known as Statutory Parental Bereavement Pay).
Parental leave
Eligible employees can take up to 18 weeks of unpaid leave per child (up to their 18th birthday) for childcare purposes.
Carer’s leave
Employees are entitled to one week of unpaid carer’s leave per year to care for a dependant with a long-term care need.
So, is compassionate leave paid?
While not all of the above leave types are paid, they are still protected by law and form part of an employee’s statutory rights. Compassionate leave, however, is not a statutory entitlement – it’s at the employer’s discretion whether to offer it and whether it will be paid.
How Trusted HR can help
If you want to ensure your business adequately handles employee wellbeing and has an appropriate compassionate leave policy in place, Trusted HR is here to help. Whether it’s an HR or legal issue, problem or project, our team of professional HR consultants can assist you.
Whether you need short, medium or long-term support, our service is the ideal solution. We provide valuable, professional consultancy to a range of organisations across the UK.
We can help with:
- Managing Conduct
- Management and Leadership Development
Request a consultation to learn more about how our consultancy service can help your organisation succeed. Trusted HR offers a free, 45-minute, no-obligation consultation on any HR issue to help you get started.
