Compassionate Leave: The Ultimate Guide for Employers

Compassionate leave is essential in supporting employees through significant life challenges and distressing personal events.

For UK employers, compassionate leave policies can play a critical role in enhancing workplace culture, boosting employee loyalty, and maintaining productivity.

While compassionate leave is not mandated by UK statutory law, implementing a structured policy ensures clarity, consistency, and compassion in handling such requests.

This guide provides a comprehensive overview of compassionate leave, including legal considerations, best practices, relevant case law, policy development, and practical advice for managers.

Downloadable Compassionate Leave Policy Template

To help employers manage compassionate leave effectively, download our Compassionate Leave Policy template. This template provides a structured framework for handling leave requests with compassion and consistency.

What is Compassionate Leave?

Compassionate leave is time off granted to employees dealing with personal events that can impact their emotional and mental wellbeing.

It is commonly associated with bereavement, allowing employees time to grieve after the loss of a loved one.

Compassionate leave can also apply to other distressing situations, such as a family member’s serious illness, a severe accident, or traumatic events like natural disasters or personal losses.

Employers should understand that compassionate leave isn’t limited to bereavement and can encompass a range of emotional support needs.

A compassionate leave policy, therefore, provides structure for various situations that may warrant time off.

Why Compassionate Leave Matters in the Workplace

Providing compassionate leave is an important part of a supportive workplace culture.

When employees feel supported during challenging times, they are more likely to remain engaged, loyal, and productive.

Compassionate leave also strengthens an employer’s reputation, signalling to current and potential employees that the organisation values their wellbeing.

Handling compassionate leave requests with empathy and sensitivity can reduce stress and improve mental health for employees, who may otherwise struggle to balance work commitments with personal difficulties.

By offering clear, compassionate policies, employers reduce the risk of negative outcomes, such as stress-related absence, mental health issues, or high employee turnover.

A well-defined compassionate leave policy can streamline the process, ensuring that requests are managed fairly and consistently across the organisation.

The Legal Landscape of Compassionate Leave in the UK

Although compassionate leave is not directly mandated by UK law, several legal frameworks and guidelines apply.

Employment Rights Act 1996 (Section 57A)

Under the Employment Rights Act 1996, employees have the right to take a “reasonable” amount of unpaid time off to deal with dependants in emergencies.

Section 57A specifies that this includes serious illness, injury, or death involving a dependant.

Employers have discretion over what constitutes a “reasonable” amount of time, depending on the individual situation.

While compassionate leave under this Act is typically unpaid, employers may choose to offer paid leave as a gesture of goodwill.

This legislation provides a foundation for emergency leave, though it does not strictly mandate compassionate leave in non-emergency scenarios.

Parental Bereavement (Leave and Pay) Act 2018

In 2020, the Parental Bereavement (Leave and Pay) Act 2018 came into effect, providing statutory leave and pay following the death of a child under 18 or a stillbirth after 24 weeks of pregnancy.

This legislation entitles parents to two weeks of leave and offers statutory pay for qualifying employees, covering employed parents, including adoptive parents, legal guardians, and foster carers.

While this law specifically addresses parental bereavement, it reflects the importance of providing time off during significant life events.

The Parental Bereavement Leave Act serves as a benchmark, showing the government’s support for employees in distressing times.

Although the Act doesn’t cover other forms of compassionate leave, it provides a precedent that may encourage employers to consider compassionate leave policies.

ACAS Guidance on Bereavement Leave

The Advisory, Conciliation and Arbitration Service (ACAS) offers guidance on compassionate leave, particularly around bereavement.

While ACAS recommendations are not legally binding, they are widely respected and provide a benchmark for employers.

ACAS suggests that employers should offer at least two days’ bereavement leave to employees dealing with the death of an immediate family member.

However, many employers choose to exceed this minimum to offer more substantial support, especially for closer relationships.

ACAS also advises employers to handle bereavement leave with empathy and flexibility, encouraging open communication with employees about their needs.

Equality Act 2010

The Equality Act 2010 may also apply in compassionate leave scenarios if an employee experiences long-term mental health issues following a traumatic event.

Under the Act, conditions such as anxiety or depression triggered by bereavement or trauma may qualify as disabilities.

Employers are then required to consider reasonable adjustments to accommodate the employee, which could include extended leave or flexible working arrangements.

The Equality Act mandates that employers avoid discrimination, including discrimination arising from mental health conditions caused by personal losses.

Employers should be cautious and understanding in these cases, ensuring they provide appropriate support to avoid potential discrimination claims.

Case Law on Compassionate Leave: Key Lessons for Employers

Case law provides valuable insights into how UK employment tribunals approach compassionate leave issues.

Forster v Cartwright Black [2004]

In Forster v Cartwright Black, an employee took extended leave following a bereavement but was dismissed due to extended sickness absence.

The Employment Appeal Tribunal (EAT) ruled that bereavement-related sick leave did not fall under the statutory right for time off for dependants, as grief-related absences are not emergencies.

This case highlights the importance of employers clearly distinguishing between compassionate leave and other forms of leave, such as sick leave.

Employers should consider offering a dedicated compassionate leave policy that provides time off specifically for bereavement and other similar events.

Qua v John Ford Morrison Solicitors [2003]

The case of Qua v John Ford Morrison Solicitors involved an employee who took multiple absences to care for her son’s health needs, leading to a dispute over her right to time off for dependants.

The EAT ruled that time off for dependants is intended for immediate, unforeseen emergencies rather than ongoing care.

This case underlines the need for employers to clarify compassionate leave policies to manage emergencies and longer-term responsibilities distinctly.

Employers should outline in their policies how compassionate leave differs from other leave entitlements, such as carer’s leave or flexible work arrangements.

Private Sector Guidance

While not a specific case, the ACAS guidelines remain an influential reference in the absence of comprehensive case law directly on compassionate leave.

Following ACAS guidance is generally beneficial, as it reflects best practices recognised by tribunals, particularly around bereavement and fair treatment.

Employers following these guidelines can better support employees and reduce the risk of workplace disputes.

Developing a Compassionate Leave Policy: Essential Components

A compassionate leave policy can help organisations handle requests fairly and provide employees with clear guidelines on how their needs will be supported.

1. Defining Eligibility Criteria

Eligibility for compassionate leave typically includes relationships such as immediate family (parents, siblings, spouse, children) and dependants.

Some policies may extend eligibility to cover close friends, grandparents, in-laws, or other significant relationships.

Employers may consider including flexible language to account for unique situations, as personal relationships are not always straightforward.

2. Determining the Duration of Leave

Organisations should specify the standard duration of compassionate leave offered, with flexibility to extend for more complex situations.

Commonly, policies provide 3-5 days of paid leave for bereavement, with additional unpaid leave available if needed.

Employers can also consider a tiered structure, offering different leave lengths based on the employee’s relationship to the affected person.

3. Paid vs Unpaid Leave

While UK law does not mandate paid compassionate leave, offering paid leave demonstrates a commitment to employee welfare.

Employers should specify which situations qualify for paid versus unpaid leave, ensuring transparency and clarity.

Some organisations offer paid leave for immediate family bereavement while providing unpaid leave for extended family or friends.

4. Request Process and Documentation

A structured request process helps manage compassionate leave consistently and efficiently.

Employees should be encouraged to notify their line manager or HR contact as soon as possible when they need compassionate leave.

Employers should avoid requiring extensive documentation, such as death certificates, which can cause additional stress.

If documentation is necessary, be mindful and flexible, especially in bereavement cases where formal records may not be immediately available.

5. Flexible and Alternative Work Arrangements

Compassionate leave policies should outline flexible options, such as part-time hours or phased returns, to support employees upon their return.

Alternative work arrangements, such as remote work or temporary reduced hours, can help employees transition back to their roles gradually.

Employers are encouraged to discuss these options openly with employees, tailoring arrangements to each individual’s needs.

Implementing Compassionate Leave: Practical Guidelines

Handling compassionate leave requests involves empathy, clear communication, and adaptability.

Managers and HR teams should be trained to approach these conversations sensitively, ensuring employees feel supported.

Encouraging open communication helps employees share their needs without fear of judgement, fostering trust and understanding.

Consistency and fairness are crucial to avoid potential claims of discrimination or unfair treatment.

To support employees further, consider providing access to an Employee Assistance Programme (EAP) or mental health support services.

EAPs offer confidential counselling and resources that can assist employees coping with grief, trauma, or emotional distress.

Frequently Asked Questions about Compassionate Leave

How Long Should Compassionate Leave Last?

The length of compassionate leave depends on each situation, though common practice ranges from 3 to 5 days.

Employers should assess each case individually, offering flexibility where needed.

Is Compassionate Leave Paid?

Compassionate leave is typically unpaid unless specified in the employment contract.

However, many employers choose to offer paid leave as a supportive gesture.

What Documentation is Required?

Employers are advised to minimise documentation requirements, especially during sensitive situations like bereavement.

Can Compassionate Leave Be Extended?

Yes, employers may extend compassionate leave based on the employee’s needs, either as additional unpaid leave or with flexible work options.