Bereavement and compassionate leave in the UK

Unfortunately, most people will experience the death of a person close to them (a bereavement) during their working lives.

If someone close to you has passed away, you may need time off work to grieve and take care of the funeral arrangements.

Below we explain your rights around compassionate leave in the UK.

What is compassionate leave?

Compassionate leave, sometimes called 'bereavement leave', is additional time off work that's granted to those who have recently lost a loved one. It gives employees time to grieve and manage bereavement matters, such as arranging a funeral.

There's no legal obligation for UK employers to grant compassionate leave, though most UK companies will have a policy in place. It’s best to check your employment contract or staff handbook if you've recently been bereaved.

If your workplace has a bereavement policy, it should say:

• When leave for bereavement could apply

• How much leave your workplace provides

• If leave is paid, and the amount of pay you may be eligible for

What is parental bereavement leave?

From 6 April 2020, employees have a right to two weeks off if their child dies under the age of 18 or are stillborn after 24 weeks of pregnancy. This is called 'parental bereavement leave'.

There is an entitlement to statutory parental bereavement pay for employees with at least six months' continuous service.

The difference between compassionate leave and bereavement leave

Bereavement leave is time off specifically following the death of a loved one. Compassionate leave is broader and can cover any distressing personal circumstances, such as a serious illness in the family.

However, in reality some workplaces will use these two terms interchangeably, but they aren't always the same thing.

How much compassionate leave will I get?

The Employment Rights Act 1996, which applies to England, Wales and Scotland, specifies that all workers are entitled to ‘a reasonable amount of time off during the employee’s working hours in order to take action which is necessary in consequence of the death of a dependant’.

The act defines dependants as a spouse, civil partner, parents, children or someone who relies on you for care.

UK law doesn't stipulate to employers how much leave should be granted to employees. Whilst it's common to be granted between two and five days, it's at the discretion of your employer how long you will be given for compassionate leave.

If you don't feel ready to return to work after compassionate leave, you may be able to use up some of your paid annual leave to extend your absence.

Will you be paid for bereavement leave?

There's no legal right to be paid for time off for bereavement, unless someone is eligible for parental bereavement pay. However, many employers do choose to offer pay during bereavement, they may refer to this as 'compassionate' or 'bereavement' paid leave.

The amount your employer offers is up to them so check your employment contract, workplace policy or staff handbook.

Time off to attend a funeral

An employee has the right to take time off to attend a funeral if the person who died was a dependant (for example, their partner, parent or child).

Surprisingly, in cases that don't involve a dependant, there's actually no statutory right to time off to attend a funeral. However, it's common for employers to allow you to take time off.

There's also no legal right for this time off to be paid, but some employers might offer pay. It’s likely that there'll already be a policy in place so you should check your contract or workplace’s policy.

If your workplace doesn't offer paid time off for a funeral, the employee and employer could agree on using holiday or annual leave or unpaid leave.

Ensure that you comply with any requirements specified in the company’s policy and where possible, give your employer plenty of notice so arrangements can be made to cover your workload.

How to ask your employer for compassionate or bereavement leave

As there aren’t any clear rules or laws for employers on bereavement, it may feel uncomfortable to request bereavement leave. Most employers are understanding, so you’ll be given time to grieve and make funeral arrangements.

When it comes to asking your employer for compassionate leave, it’s likely that there'll already be a policy in place. If this is the case, make sure you fully understand it before speaking to your employer.

Having a conversation with your employer ensures you understand what your bereavement leave entails. Following this conversation, they may request that you put your request in writing.

If you’re granted compassionate leave, it’s also important that you keep in contact with your employer. Keep them updated on how the situation is evolving and let them know if you anticipate having to take more time off work.

What if you’re refused compassionate leave?

It's unlikely that your employer will refuse to give you compassionate leave if you've made a reasonable request. However, if you're refused time off, you may want to get help from your trade union, Citizens Advice or ACAS.

Visit our grief & loss support section if you would like further advice. You'll also find a list of helpful organisations that may be able to help someone who has suffered a loss.

Alternatively, if you need help arranging a funeral or want to explore our low-cost repaid funeral plans contact Simplicity Cremations.