Compassionate Leave Policy UK: Employer Guide for 2026

Compassionate leave — sometimes called bereavement leave or special leave — is the time off an employer grants when an employee experiences a death, serious illness, or other personal crisis. While UK law provides only limited statutory rights in this area, having a clear and generous compassionate leave policy is essential for employee wellbeing, retention, and workplace morale.

This guide explains the legal framework, what a good compassionate leave policy should include, and how to handle requests consistently and sensitively.

The legal position on compassionate leave

There is no general statutory right to paid compassionate leave in the UK. However, two important statutory provisions apply:

Parental bereavement leave (Jack's Law)

The Parental Bereavement (Leave and Pay) Act 2018, known as Jack's Law, came into force on 6 April 2020. It gives qualifying employees the right to 2 weeks' leave following the death of a child under 18 or a stillbirth after 24 weeks of pregnancy.

Time off for dependants

Section 57A of the Employment Rights Act 1996 gives all employees the right to take a reasonable amount of unpaid time off to deal with emergencies involving a dependant. This includes the death of a dependant — but only enough time to deal with the immediate emergency, not extended bereavement leave. See our detailed guide on time off for dependants for more on this right.

Why you need a policy beyond the legal minimum

The statutory provisions are narrow — they cover the death of a child (Jack's Law) and immediate emergencies involving dependants (unpaid). They do not cover:

• Death of a spouse, partner, parent, or sibling
• Death of a close friend or non-dependant relative
• Serious illness of a family member
• Other personal crises such as a house fire or violent crime

Most employees will expect their employer to provide some form of compassionate leave in these situations. Having no policy — or a mean one — damages trust, increases staff turnover, and risks presenteeism where grieving employees come to work but cannot function effectively.

What to include in your compassionate leave policy

Eligibility

Define who the policy applies to. Best practice is to cover all employees from day one, regardless of length of service. Some employers extend compassionate leave to workers and contractors, though this is not required.

Qualifying circumstances

Specify the circumstances that trigger compassionate leave. Document the policy clearly in your staff handbook or employment contracts. A typical policy distinguishes between:

Paid vs unpaid leave

Decide whether compassionate leave is paid or unpaid. Best practice is to offer paid compassionate leave for at least the core bereavement period, with the option of additional unpaid leave or use of annual leave for longer absences.

Your annual leave policy should address how compassionate leave interacts with holiday entitlement — employees should not be required to use annual leave for bereavement.

Notification and evidence

Keep the notification process simple and sensitive. Requiring employees to provide evidence of bereavement (such as a death certificate) is insensitive and unnecessary in most cases. Trust your employees and deal with any concerns about misuse separately through your disciplinary process.

Manager guidance

Provide managers with clear guidance on:

• How to respond to a compassionate leave request (with empathy and without interrogation)
• Their authority to approve leave within policy limits
• When to escalate to HR for non-standard requests
• How to support the employee on their return
• The importance of checking in without being intrusive

Return to work

Include guidance on the return to work process. A sensitive return-to-work conversation can help identify any ongoing support needs, including referral to an Employee Assistance Programme, adjustments to workload, or flexible working arrangements. See our return to work interview guide for a structured approach.

Handling compassionate leave requests

Step 1: Respond immediately with empathy

When an employee contacts you about a bereavement or crisis, the first response should be human, not procedural. Express sympathy, tell them not to worry about work, and confirm they should take the time they need.

Step 2: Confirm the leave arrangement

Once the initial shock has passed, confirm the compassionate leave arrangement in writing — how many days of paid leave, any additional unpaid leave available, and who to contact when they are ready to return.

Step 3: Manage workload

Redistribute the employee's work among colleagues or arrange temporary cover. Do not contact the employee about work matters during their compassionate leave unless absolutely necessary.

Step 4: Support the return

When the employee returns, have a brief, private conversation. Ask how they are doing, whether they need any adjustments, and remind them of any support services available. Do not expect them to be operating at full capacity immediately.

Step 5: Follow up

Check in with the employee in the weeks following their return. Grief does not follow a timetable, and the employee may need additional support as time goes on.

Compassionate leave and other statutory rights

Compassionate leave can interact with other statutory provisions:

• Time off for dependants: The statutory right to unpaid emergency time off may apply simultaneously
• Statutory sick pay: If bereavement triggers a mental health condition that makes the employee unfit for work, they may transition to SSP for the ongoing absence
• Annual leave: Employees should not be compelled to use annual leave for compassionate purposes
• Maternity/paternity leave: If an employee on maternity or paternity leave experiences a bereavement, they remain on their existing leave but may need additional support

Frequently asked questions

Next steps

Key takeaways

A good compassionate leave policy goes well beyond the legal minimum. Define qualifying circumstances broadly, offer paid leave for core bereavements, train managers to respond with empathy, and support employees through their return to work. The cost is minimal compared to the impact on loyalty, morale, and retention.

Review your policy alongside your broader absence management framework — see our guides on managing sickness absence and statutory holiday entitlement to ensure consistency across all leave types.