Compassionate Leave: Employer Obligations & Good Practice (UK)

Few workplace scenarios are as emotionally challenging as supporting an employee through bereavement. Whether it’s the loss of a loved one or another close relationship, the way an employer responds can have a lasting impact-on the individual, their team, and your business as a whole. In the UK, “bereavement leave” (also known as compassionate leave or funeral leave) is a topic that brings both legal duties and a big dose of humanity. If you’re an employer or HR manager wondering about your legal obligations, employee entitlements, or how to handle requests for bereavement time off, you’re in the right place. In this article, we’ll break down the essentials-from complying with employment law to adopting best practices that support staff at their most vulnerable moments. Let’s unpack what you need to know about compassionate leave, your legal requirements, and how to get your approach right.

What Is Compassionate or Bereavement Leave?

Compassionate leave, funeral leave, or bereavement leave-they all refer to the time off an employee may need following the death of someone close to them. While the terms are used a bit interchangeably, the legal landscape in the UK has a specific framework around bereavement leave, especially following the introduction of “Jack’s Law” in 2020. For most employers, offering support at these difficult times is not just the right thing to do but also a foundation of a positive, caring workplace culture. Still, it’s equally important to get the legal details correct and to set clear expectations for both sides.

Are Employees Legally Entitled to Bereavement Leave?

Under UK employment law, there are several layers to this question. Let’s break them down:

Time Off for Dependants

• All employees have a legal right to take a “reasonable” amount of time off for dependants in an emergency. This includes situations where a dependant dies.
• A dependant is defined as:
  • A spouse or partner
  • A child
  • A parent
  • Someone living in the same household (not as a lodger)
  • Someone relying on the employee for care
• There’s no strict time limit for this type of leave, but usually it’s taken to arrange or attend a funeral, or to deal with the immediate aftermath of a death.

Statutory Parental Bereavement Leave (“Jack’s Law”)

• Anyone legally classed as a parent, including adoptive parents, those with parental responsibility, or partners of the child’s parent, has a legal right to statutory parental bereavement leave if they lose a child under 18 or experience a stillbirth after 24 weeks of pregnancy.
• They’re entitled to up to two weeks of leave, which can be taken in one block or split into two separate weeks, any time within 56 weeks of the death or stillbirth.
• This right is available to both employed parents and, in qualifying cases, to agency workers.

Other Bereavements: What About Non-Dependants?

Employees who lose relatives or friends not classified as dependants (e.g. a grandparent, aunt, uncle, cousin or close friend) do not have a legal right to bereavement leave under current law. However, many employers choose to allow time off for these circumstances as a gesture of goodwill or as part of their compassionate leave policy. In these cases, time off is at the employer’s discretion-paid or unpaid. It’s best to clearly outline your approach in a company staff handbook or employment contract to manage expectations.

Is Bereavement Leave Paid or Unpaid?

Time Off for Dependants

• There’s no legal requirement to pay employees for time off taken to deal with the death of a dependant. Whether it is paid or not is up to you as the employer, although some businesses choose to offer pay as a gesture of support.

Statutory Parental Bereavement Pay

• Eligible employees are entitled to statutory parental bereavement pay for up to two weeks (as of April 2024, this is either £172.48 per week or 90% of their average weekly earnings, whichever is lower).
• To qualify, the employee must have at least 26 weeks’ continuous service by the week before the death/stillbirth and average at least the lower earnings limit for National Insurance.
• If the employee doesn’t qualify for statutory pay, you may choose to offer paid leave or allow them to use paid holiday, but you aren’t legally obliged to.

Other Bereavement Leave (Discretionary)

• If the bereavement does not qualify for statutory rights (such as the death of a non-dependant), whether or not the leave is paid is at your discretion or governed by your company policy.
• Consider defining your approach clearly in your workplace policy so all employees know where they stand.

Can an Employer Refuse Time Off for a Funeral?

One of the most common questions from both employers and employees is: can work refuse time off for a funeral?

• If the deceased was a dependant, employees have a legal right to “reasonable” time off, but not necessarily paid time off.
• For other cases (funeral of a non-dependant), there is no statutory entitlement-so you could, in theory, deny time off.
• However, refusing time off for a funeral is rarely good practice and may have a negative impact on morale, reputation, and employee wellbeing. It can also complicate things if you have an established custom of granting leave in the past (which could create expectations).

In short, while you can technically refuse time off for a funeral (unless the person is a dependant under the law), most businesses find that a policy of flexibility and support is the right approach.

How Much Bereavement Leave Should an Employer Offer?

Beyond the minimum legal requirements, many employers choose to provide more generous bereavement leave as part of their commitment to staff wellbeing. How much time is offered can depend on several factors, including:

• The employee’s relationship to the deceased
• Cultural or religious practices (some faiths have specific mourning periods or rituals)
• The individual employee’s needs and mental health
• Your operational requirements

A typical “good practice” policy would look something like:

• Paid bereavement leave of 1–5 days for immediate family (spouse, child, parent, sibling, etc.)
• Discretionary or unpaid leave for extended family or other close relationships
• Option for employees to use annual leave or unpaid leave if they need extra time

Of course, every situation is unique-so offering flexibility is key. If you’re not sure what’s appropriate, seeking advice or reviewing sample policies can help you get it right.

How Should Employers Handle Bereavement Requests?

When an employee requests bereavement time off, how you respond matters-legally and ethically. Here are some steps for employers to follow:

1. Respond Compassionately: Acknowledge the situation and express sympathy. Take the time to listen and don’t rush the employee.
2. Clarify Entitlements: Let them know about any bereavement or compassionate leave, statutory entitlements, and what options are available (paid, unpaid, flexible working, etc.).
3. Document the Leave: Keep a record of the request and how much leave has been granted. Be clear about the dates and whether the leave is paid or unpaid.
4. Maintain Communication: Check in with the employee as needed-without being intrusive. Offer support, such as flexible return or access to counselling.
5. Respect Privacy and Confidentiality: Handle all communications delicately; don’t share details with other staff unless the employee asks you to.

Do You Need a Compassionate Leave Policy?

Absolutely. Having a clear, well-documented compassionate or bereavement leave policy:

• Reduces confusion when difficult situations arise
• Ensures consistent, fair treatment for all employees
• Protects you from claims of unfairness or discrimination
• Provides clarity around entitlements, duration, pay, procedure and who’s eligible

Your policy should ideally cover:

• Who is eligible for leave and under what circumstances (dependants vs. non-dependants)
• How much leave is granted and whether it’s paid or unpaid
• The process for requesting and approving leave
• Options for extended or additional leave (such as using annual leave)
• Relevant legislation, such as Jack’s Law and employment law requirements
• Details of any support on offer (e.g. Employee Assistance Programmes, mental health resources)

If you haven’t yet put a policy in place, working with a legal expert can help you draft something appropriate and in line with current law. You can also find more about essential workplace policies here.

What Are Best Practices For Bereavement Leave?

Legal entitlements are the baseline, but genuine support is what makes your business stand out. Here’s what sets a good employer apart:

• Be Flexible: Every bereavement is different. Allow for variations based on circumstances or the employee’s needs.
• Offer More Than the Minimum: While statutory requirements are important, consider offering paid leave, flexible working, or additional support voluntarily to help employees when they need it most.
• Support Returning Employees: Recognise that grief doesn’t end when someone returns to work. Keep lines of communication open and check in regularly.
• Signpost Support Services: Offer information about Employee Assistance Programmes, mental health support, or counselling services.
• Train Your Managers: Make sure team leaders understand your policy and are equipped to handle these situations sensitively and lawfully.

Not only does this help retain staff and boost morale, it can also strengthen your company’s reputation as a caring, responsible business. For more about creating a positive workplace culture, see our guide to small business responsibilities.

Updating Your Policy: When And Why?

Employment laws and employee needs evolve, so your compassionate and bereavement leave policy should be regularly reviewed and refreshed. Consider an update when:

• There’s a change to relevant law (like “Jack’s Law” in 2020)
• You’ve received feedback from staff about your policy
• Your company grows or diversifies and new needs emerge

A proactive approach ensures you remain compliant and responsive, minimising confusion and keeping your business protected from unnecessary disputes. If you’re unsure, you may want a legal review of your contracts or policies.

Key Takeaways: Compassionate Leave for Employers

• Employees have a legal right to reasonable time off for the death of a dependant. However, you are not generally required to pay for this time off except in specific cases.
• Statutory parental bereavement leave and pay apply for parents who lose a child under 18 or suffer a stillbirth after 24 weeks, with up to two weeks’ leave guaranteed by “Jack’s Law”.
• For bereavement outside these entitlements, leave and pay are at the employer’s discretion-but offering support is best practice for employee wellbeing.
• Develop a clear bereavement or compassionate leave policy. Outline eligibility, duration, pay, and the process for requesting leave to reduce confusion and manage expectations.
• Handle every bereavement request with sensitivity, keep communication open, and provide access to support where possible.
• Regularly review your policy in line with legal changes and feedback from your team to ensure you’re offering the right support.

Need Help Putting Your Bereavement Leave Policy In Place?

Getting your approach to compassionate leave right makes a huge difference-to your team and your business. If you have questions, need a tailored policy, or want your employment agreements reviewed, our friendly legal team is here to help. Contact Sprintlaw UK at 08081347754 or team@sprintlaw.co.uk for a free, no-obligation chat.