What is the difference between bereavement and compassionate leave?

Workplace policies can be complex, and managing them can, at times, feel like navigating a minefield.

This becomes painfully clear when looking at policies which tackle sensitive topics; in particular, we often hear questions regarding the difference between compassionate and bereavement leave.

Some businesses use these terms interchangeably, but while similar, they are distinctly different. 

Clearly distinguishing and communicating these policies is a must.

If you are confused, fear not!

Let's delve into these types of leave, exploring their differences and how they can be effectively managed in the workplace.

What is compassionate leave

Compassionate leave is a type of absence taken when staff are dealing with sensitive situations.

For example, an employee may take compassionate leave if a close friend or family member has fallen seriously ill or perhaps they’ve been the victim of a crime.

Is compassionate leave required by law?

No, compassionate leave is not mandated by law.

However, the Employment Rights Act 1996 entitles staff to a reasonable amount of unpaid time off for emergencies relating to their dependents, such as childcare issues or family members falling ill.

Note, while pay during this absence is not mandated, some employers do offer paid time off during these situations as an employee benefit.

What is a dependent?

The term dependent usually relates to the following:

• Spouse or civil partner
• Children
• Parents
• Someone living in the same household

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Should you offer compassionate leave?

The choice to offer compassionate leave comes down to the employer.

While you may not be required to offer it by law, many employers choose to provide some form of arrangement to support workers.

Providing a dedicated compassionate leave policy goes a long way towards creating an internal support system and maintaining employee loyalty during challenging times.

If you do provide compassionate leave, areas such as the amount of time off provided and the payment offered should be formally outlined in your policy.

However, every situation will be different, so we always advise you to, first and foremost, communicate with your employees.

How to create a compassionate leave policy

What is a compassionate leave policy? What needs considering? For those looking to create a dedicated policy, consider the following.

Outline circumstances: clearly define the situations that would qualify an employee for compassionate leave, such as the death or serious illness of a dependent.

Determine your offering: define how much leave an employee is entitled to and whether some form of pay is provided.

Consider flexibility: as employee situations can vary drastically, it's advised you consider incorporating some flexibility into the policy to accommodate individual circumstances.

Clearly communicate: once you’ve determined what your policy entails, communicate it to all staff through internal communications and add it to your employee handbook and onboarding process to ensure new starters also understand.

Appoint an internal support officer: designate a dedicated team member who employees can approach for guidance and support during their time of need.

What is bereavement leave

Bereavement leave is a type of absence staff take following the death of someone close to them.

Is bereavement leave required by law?

Similar to compassionate leave, the law does not specifically dictate bereavement leave, and, as such, employers must refer to the Employment Rights Act 1996.

To recap, in accordance with the Employment Rights Act 1996, staff are entitled to a reasonable amount of unpaid time off during emergencies, such as the death of someone close to them.

Once again, the time allowed (provided you abide by the guideline of offering a “reasonable amount of time”) and whether employees are paid is up to the discretion of the employer.

Parental bereavement leave: note that employees have a right to two weeks off if their child dies under the age of 18 or is stillborn after 24 weeks of pregnancy.

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Should you offer bereavement leave?

Similar to compassionate leave, UK businesses should consider offering bereavement leave to support employees during their most challenging times.

While not legally required, a dedicated bereavement leave policy fosters a compassionate workplace culture.

Providing time to process emotions and grieve shows care from employers and can help massively.

How to create a bereavement leave policy

What is a bereavement leave? What needs considering? When creating a bereavement leave policy, businesses should define the scope of bereavement leave.

Look to answer the following:

• How much time off can the employee take?
• Will the employee be paid during the period of bereavement leave?
• How should the employee report the bereavement?
• What is your stance if the deceased was not a ‘dependant’ as defined by the Employment Act 1996?
• How will the return to work will be managed?

Once the details are determined, clearly communicate the policy and add them to your employee handbook.

As part of bereavement leave, businesses should consider looking into providing resources for grief support, such as counselling services.

Note: employees have the right for their bereavement to be kept private should they not want it disclosed to colleagues – they should make this clear when informing you of their absence.

What is the difference between bereavement and compassionate leave

Where confusion often arises is that some workplaces use compassionate leave as a hold-all term.

However, bereavement leave relates specifically to the death of a close one while compassionate leave includes this and other reasons for being absent.

It's often advised you have a dedicated policy for each to ensure absolute clarity. 

How employees should notify you

When an employee needs to take compassionate or bereavement leave, they must communicate with you as soon as possible.

For employees, their first action should be to contact either their direct manager or HR department, either through a phone call, text or email.

As the business, you should follow up with a written notice to ensure there's an official record.

Top tip: it's helpful if the employee can provide a brief explanation of the situation, though detailed personal information isn't necessary.

Mentioning the expected duration of the leave and any anticipated changes is beneficial for planning purposes.

Open communication helps ensure a smooth process during a challenging time, enabling you to offer the correct support and make necessary arrangements at work.

Supporting an employee’s return to work

Businesses must be mindful that those returning to work after compassionate or bereavement leave may require additional support.

For example, this could entail flexible working, changes to working hours (where feasible) or additional support from colleagues.

The best course of action is to maintain an open and honest dialogue with staff, working together to ensure a successful and well-supported return to work.

Cloud HR software: a better way to manage employees

Hopefully, this blog has given you an insight into the basics of compassionate and bereavement leave.

While both areas may initially seem complex, with some careful planning and consideration you can create effective policies which support a happy workforce.

For more help with these areas, consider consulting an expert, such as our HR consulting service.

Like many aspects of HR, areas which initially seem daunting can often be simplified, typically through the use of good HR cloud software.

If you're in the market for a new cloud HR solution, consider Staffology HR, our handy cloud-based software, perfect for any size of business.

Learn more about Staffology HR here.

*Note this blog does not constitute legal advice, and an expert should always be consulted.