Compassionate leave, sometimes also known as bereavement leave, is time off granted to an employee in the case of the death of a family member.
You might think that anyone is legally entitled to compassionate leave, but as with most things legal, it’s not so straight forward. It is, however an unfortunate fact of life that at some point we will all need time off to attend to family matters.
But how much compassionate leave can you take, how much will you be paid and when can you take it?
Am I entitled to compassionate leave?
Yes, however it’s not black and white.
While the law does allow for reasonable time off in the case of the passing of a dependant (more on this later), what the law does not account for however is paid time off on compassionate leave. So while you will be entitled to time off, you may not be paid for the time taken.
Of course this comes back to your employer, who may allow for paid compassionate leave. As always it’s best to contact your HR department or check with your contract of employment in the first instance, or in the case of any uncertainty.
How long is compassionate leave?
This one is a bit of an open book, as its advised the ‘necessary’ amount of time to deal with any situation is allowed. That ‘necessary’ amount however is judged on the individual circumstances of an employee and the incident.
There have been calls to mandate the amount of time off, however at the moment, it’s generally suggested that one to two days may be enough time to deal with most situations. In cases where time off can be planned for – doctors appointments for example – this will not be classed as an emergency and will not qualify for compassionate leave. Instead, annual leave or parental leave should be used.
When can I take compassionate leave?
It can be taken on the death of a relative e.g. parent, sibling or first blood relative (not to be confused with emergency leave for children which falls under parental leave) i.e. a family member (excluding lodgers).
Parental Leave
Outside of a death, parental leave (also unpaid) can be taken in the case of emergencies involving a dependant. For example:
- when a dependant falls ill, gives birth or is assaulted or injured;
- when there has been a breakdown in the care arrangements of a dependant; or
- when there has been an incident at school involving your child.
A dependant includes both children and family members who are cared for, within the same household (again excluding lodgers)
A word to the wise, never take leave without first consulting your employer. A failure to do so could constitute a breach of contract.
What if my employer will not let me take the time off?
If an employer does not allow or flat out denies you compassionate / parental leave, you may want to raise a formal grievance. Beyond that, there may even be scope to make an employment tribunal claim. Do note though, that any claim must adhere to time limits and procedural rules.