Compassionate And Bereavement Leave: A Guide For SMEs
Supporting Employees Through Difficult Personal Circumstances
At some point, every employer will face a situation where an employee experiences a bereavement, serious family illness or another significant personal crisis. How employers respond during these situations can have a lasting impact on employee wellbeing, workplace relationships and organisational culture. Since April 2024, parents of a stillborn baby after 24 weeks of pregnancy or a child under 18 who dies have been entitled to take parental bereavement leave and pay. The Employment Rights Act 2025 also introduces a new right to Statutory Bereavement Leave, which is expected to come into force during 2027.
So for the time being, other than where a child under 18 dies, there is no general statutory right to bereavement leave in the UK. Employees do have certain legal rights to take time off for dependents in emergency situations. Many employers also choose to provide compassionate or bereavement leave through workplace policies and discretionary arrangements.
Understanding the difference between compassionate leave and bereavement leave can help employers respond fairly and consistently when employees need support.
What Is Compassionate Leave?
Compassionate leave is time off work granted when an employee experiences a distressing personal event or family emergency. Whilst the term is widely used, there is no specific legal definition of compassionate leave.
Compassionate leave may be granted for situations such as:
- A serious illness affecting a close family member.
- A life-threatening injury involving a dependant.
- An emergency involving childcare arrangements.
- The death of a relative, dependant or close friend.
- Making care arrangements for a dependant.
- Dealing with the immediate aftermath of a traumatic event.
The amount of leave granted will usually depend on the circumstances and any relevant company policy.
What Is Bereavement Leave?
Bereavement leave is a specific form of compassionate leave provided when an employee suffers the death of a family member, dependant or other significant person in their life.
Employers commonly provide time off to allow employees to:
- Make funeral arrangements.
- Attend a funeral or memorial service.
- Deal with practical matters following a death.
- Spend time with family.
- Begin the grieving process.
The amount of leave available will depend on company policy, contractual provisions and the individual circumstances.
Time Off For Dependants
Employees have a statutory right to take a reasonable amount of unpaid time off to deal with certain emergencies involving a dependant.
A dependant may include:
- A spouse, civil partner or partner.
- A child.
- A parent.
- A person who lives in the same household (other than tenants or employees).
- Someone who reasonably relies on the employee for care.
This right is designed to allow employees to deal with immediate emergencies and make arrangements rather than provide ongoing time away from work.
Parental Bereavement Leave
Eligible parents who suffer the loss of a child under the age of 18, or experience a stillbirth after 24 weeks of pregnancy, may be entitled to Statutory Parental Bereavement Leave.
The entitlement allows qualifying parents to take up to two weeks’ leave. Subject to eligibility requirements, Statutory Parental Bereavement Pay may also be available.
This entitlement is separate from any compassionate or bereavement leave arrangements provided by the employer.
Statutory Bereavement Leave
From 2027 all employees will have an additional right to statutory bereavement leave of at least one week when they suffer a bereavement. The legislation refers to a qualifying relationship between the employee and the person who has died. At the time of writing, the detailed regulations defining qualifying relationships have not yet been published, but is expected to mirror the relationship requirements used in the Time of For Dependents and Carers Leave Acts.The amount of leave will be one week (it will remain two weeks where a child under the age of 18 has died including pregnancy loss after 24 weeks of pregnancy). The leave must be taken within 56 days after the person’s death.
The period of leave will be unpaid.
Employees will be protected against unfair dismissal and unfair treatment due to taking or requesting leave.
Should Employers Have A Compassionate Leave Policy?
Many SMEs choose to include compassionate leave provisions within their employee handbook or absence policy. A clear policy can help managers respond consistently whilst retaining sufficient flexibility to deal with individual circumstances.
Rather than specifying rigid entitlements for every situation, employers often find it more effective to provide guidance and allow a degree of management discretion.
Common Mistakes Employers Make
Common mistakes when managing compassionate and bereavement leave include:
- Focusing solely on policy rather than the individual circumstances.
- Applying rigid rules without exercising discretion.
- Forcing employees to use annual leave immediately following a bereavement.
- Failing to communicate available support.
- Assuming an employee is ready to return to work because their leave has ended.
- Ignoring the longer-term impact of grief on wellbeing and performance.
- Applying different standards to similar situations.
A compassionate response can support employee wellbeing, strengthen workplace relationships and improve employee loyalty.
Consistency Matters
No two situations are identical and employers should avoid treating compassionate leave as a simple entitlement measured in days. However, employees should feel confident that similar situations will be treated consistently and fairly.
Clear guidance, good communication and sensible management discretion are often more effective than highly prescriptive rules.
How Kea HR Can Help
Kea HR can help employers develop practical and compassionate approaches to managing bereavement and compassionate leave.
- Drafting compassionate leave policies.
- Reviewing employee handbooks.
- Advising managers on difficult situations.
- Supporting absence management decisions.
- Providing practical guidance on employee wellbeing.
- Helping employers balance compassion with business needs.
Every situation is different. We can help you respond fairly, consistently and with confidence.
Employees rarely remember every workplace policy. They do remember how they were treated during difficult times.
Related Resources
- Absence Management Procedures
- Employee Wellbeing Support
- Employee Assistance Programmes For SMEs
- Occupational Health Referrals
- Return To Work Meetings Explained
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