Compassionate & bereavement leave: What are the rules?

When grief hits your SME, are you prepared with legal bereavement and compassionate leave policies?  

When employees lose a loved one, a close friend or relative, most employers will want to do whatever they can to help - grief can have a huge impact, especially in the workplace. The last thing you want to do as an employer is add stress about work and pay to an already difficult situation. 

For that reason, most companies will offer some form of compassionate and/or bereavement leave to employees going through a difficult time. How businesses deal with bereavement leave is a difficult one, largely because grief affects everyone so differently.

Some people want to get on with their daily lives and busy themselves with work as a distraction. Others struggle to cope with everyday life following a bereavement and find work difficult to manage.

But getting it right isn’t as simple as being generous to everybody. If you want your bereavement support to be consistent, compliant and fair to all employees, you first need to build a clear company policy.  

To do this, you’ll need to make a series of decisions about what leave and pay the company is prepared to offer, and when. You also need to understand what legal obligations employers have to adhere to in these situations.  

In this blog, we explain everything you need to know about building your own compassionate and bereavement leave policy, so you're best prepared for this sad but inevitable eventuality.  

The law on bereavement leave

There isn't actually a law to protect an employee’s right to bereavement leave. However, the Employment Rights Act 1996 gives employees the right to take time off to deal with an emergency situation, which includes the death of a dependent. There isn’t any statutory right to be paid for bereavement leave.

Parents who are unfortunate enough to suffer the loss of a child (under the age of 18) or those that have a stillborn may be eligible for two weeks paid Parental Bereavement Leave. 

What is bereavement leave? 

It's extremely helpful to employees to know exactly where they stand on bereavement leave should the inevitable happen.

Bereavement leave is the time off granted to an employee when a loved one passes away. It can be paid or unpaid at the discretion of the employer.

Jack's Law: The current rules on parental bereavement

Until a few years ago, the UK had very few laws protecting an employee’s right to bereavement leave or pay.  

In 2020, however, the then Conservative Government passed 'Jack's Law' or the Parental Bereavement and Pay Regulations. This gave parents the right to paid time off after the death or stillbirth of a child. It was named after the 23-month-old child Jack Herd, whose mother had campaigned for these changes since his death in 2010. 

There are two main components to the law: 

• Parental bereavement leave: Jack’s Law gives employed parents the right to two weeks’ leave after the death or stillbirth of a child, which applies from the first day of employment.
• Statutory bereavement pay: This gives most employed parents the right to statutory pay for parental bereavement leave.  The rate is set at either £184.03 per week or 90% of your average weekly earnings, whichever is lower. This only applies to employees who earn above the lower earnings limit (£125 from April 2025) and have been employed for at least 26 weeks. When the new Employment Rights Bill comes into force, this will become a day-one entitlement. 

To check how the Government defines an eligible parent, check the full guidance here. 

In practice, the rules mean that employed parents who lose a child will almost always be entitled to parental bereavement leave and will usually be entitled to pay during that period. 

Here are some other details to highlight:  

• The two weeks can be taken together or separately. 
• All leave must finish within 56 weeks of the death/stillbirth. 
• A week is defined as the number of days an employee usually works in a week. If you usually work five days a week, you’ll be entitled to ten days’ leave total. If you usually work two days a week, it will be four.  
• If a child is stillborn after 24 weeks’ pregnancy, the parents are entitled to both maternity/paternity leave and pay as well as bereavement leave and pay. Maternity/paternity should be applied first, as it would have done had the child been born. Bereavement leave/pay will then apply after the maternity/paternity leave has passed.  

On the 11th March 2025, the Government backed the new amendments to the Employment Rights Bill, for workers who experience pregnancy loss before 24 weeks’ gestation - a miscarriage - could soon be entitled to bereavement leave.

What other UK bereavement leave laws apply?  

The law also specifies some additional protections for when the ‘dependent’ of an employee dies. This can include: 

• Husband, wife, civil partner or partner
• Parent
• A person who lives in their household
• A person who relies on them, e.g. an elderly neighbour

If a dependent dies, the employee is legally entitled to ‘reasonable time off’ as well as time off for the funeral. Unlike parental bereavement leave, the law does not specify how much time off is available, meaning employers have some discretion in applying this policy.  

There is another key difference with parental bereavement leave: The law does not require this to be paid. This includes any time off the employee takes off for the funeral, meaning in practice the employee may prefer to use paid holiday instead. Of course, many organisations choose to offer paid and compassionate leave in these situations as standard - but that’s down to you.  

Employment Rights Bill: What are the upcoming changes to bereavement policy? 

"All parents currently have a legal entitlement to bereavement leave if a child dies, or they have a miscarriage. The Employment Rights Bill will expand this to more people and more family members, while making it a day one employment right.” 

Wendy McGarvey, Head of HR at TC Group

Under current laws, British employees only have legal protections around bereavement if the death is a child, dependent or stillbirth. For that reason, the Government has pledged to upgrade the UK bereavement leave laws as part of their upcoming Employment Rights Bill.  

Here are some of the changes that we can expect:  

• Employees will be entitled to ‘protected time off to grieve the loss of a loved one’
• This will be at least a week 
• This right will apply from the first day of employment

The draft Employment Rights Bill was first published in 2024, and is currently awaiting report stage in the House of Commons, meaning it is yet to become law. Nonetheless, we can be reasonably confident that the final law will involve these protections. 

Most of the details of the bill have been the same since it was published in 2024. But just last week, we had some small new details about the Government's plans. Now, they’ve confirmed that bereavement leave will be extended to parents who suffer a stillbirth or miscarriage at any stage of pregnancy. Currently, Jack’s only applies to those who miscarry after 24 weeks. 

“Right now, we don’t know when the changes are coming, which family members they’ll apply to or whether the leave will be paid.  

Our advice to employers in the meantime is to make sure you’ve got formalised policies in place that reflect the current legislation and any additional policies you might want to include. This will make it much easier to adapt to the changes when they do come into effect.” 

Wendy McGarvey, Head of HR at TC Group

However, there are several details that we still don’t know at this stage, including:  

• When the law will come into force. Currently, provisions in the Employment Rights Bill are set to be phased in over the next two years, though it’s not clear which will come into force and when. 
• How long the time off will apply for. The Government has so far specified ‘at least a week’, but it isn’t clear whether this is the final amount.
• Which ‘loved ones’ apply for bereavement leave. It’s likely that this will be wider than the current guidelines around ‘dependents’, but the specifics haven’t yet been set out. 
• Whether statutory bereavement payments apply. So far, the Government hasn’t mentioned statutory payments in relation to this policy.
  

At this stage, therefore, the best approach is to develop a formal bereavement policy that reflects current laws. This will make it much easier to implement the relevant changes when they’re announced.  

How to create your company bereavement policy?

“It’s good practice to have an employee handbook with policies and procedures. 

Unlike an employment contract, this isn’t a legal requirement, and many smaller businesses won’t necessarily have it. But formalising these policies makes it easier to apply fair treatment to employees and adapt when new changes come.”

Wendy McGarvey, Head of HR at TC Group 

While there’s no obligation to go beyond the statutory bereavement leave entitlements, most companies will want to. When it comes to difficult situations like these, being too generous is always better than being too strict.  

But regardless of how much leave and pay you choose to grant, it’s vital that you have a clear company policy set out. When the worst happens, the last thing a bereaved person needs is confusion or conflict around pay and leave. It’s important, therefore, that HR and the employee’s manager have a clear set of instructions for how they should respond.  

First, a note on definitions: When we’re referring to the legal protections, ‘bereavement leave/pay’ is the correct term. When we’re talking about a company’s own voluntary policies, either ‘bereavement’ or ‘compassionate’ leave might apply, depending on the company and the circumstances it covers.  

Some companies might use the terms for separate policies, with bereavement leave being specific to after a death, and compassionate leave including a broader range of situations. Either way, it’s up to you to decide what you’ll call your policy and what it’ll involve.  

Of course, the legal protections we discussed above will have to be built into whatever policy you create. But beyond that, there are several other decisions you’ll need to make when designing your policy:  

• Will bereaved/compassionate leave be paid? If so, will this be full pay, and will it be offered to all employees equally? 
• How many days’ leave will bereaved employees be entitled to? 
• Will the amount of leave granted change depending on who has died? E.g. Does the policy differentiate between bereavement leave for the loss of a child and that for the loss of a sibling?
• Will bereavement allowance include time off for a funeral, or will this be granted separately? 
• Will your policy include stressful life situations that don’t involve death? Some examples could be a close family member being severely ill, a terminal illness, divorce or other issues. 

It’s important to have a clear and defined policy here one way or another. But you should be aware that life is messy and employees’ real-life situations don’t always fit into neatly pre-defined categories.  

It can also be helpful to build some discretion into the policies, so HR and line managers can extend bereavement leave/pay even if a situation doesn’t strictly fall within the definitions you’ve set out. These situations will be rare. But if in doubt, it’s always better to provide leave than to force a grieving employee to come to work against their will.  

The technicalities of a bereavement leave policy

The issue of outlining criteria for a bereavement leave policy revolves around the fact that grief is subjective. One employee may have an estranged relationship with family and cope relatively easily with a bereavement, whereas another employee may lose a dear friend and suffer terribly. Defining situations that qualify for specific leave entitlements is virtually impossible. Learn how to manage mental health in the workplace.

Why do employers need a compassionate leave policy? 

Compassionate leave is important because it's an employer’s response to an employee’s devastating loss. It says the company cares and understands that a grieving employee needs to put aside work and take time to process and manage difficult personal feelings.

Company culture is changing. An increasing number of businesses understand the importance of work-life balance and how building stronger relationships with employees impacts employee engagement and productivity. Business culture is defining success.

Empathy in the workplace builds loyalty and nowhere is an employer’s empathy more openly exposed than in its attitude to compassionate leave. Employers need a policy on bereavement leave to show that they care about their employees’ well-being. It is a vital part of building a respectful workplace. Insufficient bereavement leave will ultimately impact on employee performance and loyalty.

A good example of bereavement leave

Sheryl Sandberg, chief operating officer of Facebook, spoke out on compassionate leave and announced Facebook employees can now take up to 20 days paid leave if an immediate family member dies. Sandberg lost her husband in 2015, so understands first-hand the devastating effects that grief can have.

Quoted in an article for Personnel Today, Sandberg says “We need public policies that make it easier for people to care for their children and ageing parents and for families to mourn and heal after loss.

 “Companies that stand by the people who work for them do the right thing and the smart thing – it helps them serve their mission, live their values, and improve their bottom line by increasing the loyalty and performance of their workforce.”

Facebook’s compassionate leave policy also allows employees to take up to 10 days’ leave to grieve an extended family member, and 6 weeks to care for a sick relative. In addition, the company has introduced 3 days of ‘family sick time’ to enable employees to take care of a family member with a short-term episode of illness, such as a child with flu.

For more information on good practice for managing bereavement in the workplace, see the ACAS guide here.

How to devise and implement a compassionate leave policy

Any policy on bereavement leave should be written into the employee handbook. It will ensure employees who are faced with a bereavement don’t have to have any awkward conversations and know what to expect. Managers will also be clear if there is a policy on bereavement and won’t have to take difficult decisions on the granting of leave.

It is important to incorporate an element of flexibility into any bereavement leave policy and ensure managers are in a position to deal with requests for additional time off sensitively. Not all employees will grieve in the same way and there should be a range of choices on offer to employees to enable them to cope most effectively with their situation and return to work.

The key is to personalise the process and talk with bereaved employees to agree a plan that is best for them. It should include some paid time off from work, as well as the possibility of a phased return with remote working or reduced hours.

Bereavement leave is commonly bound by the relationship between the employee and the person who has died, with immediate family considered to be the qualifying criteria for the full amount of bereavement leave. But the loss of a friend or even a pet can be just as devastating. This is a challenge for employers who are keen to get the balance right and it's why there needs to be an element of flexibility in order for employers to address each case individually.

Typically, compassionate leave in the UK is 3-5 days long for the loss of an immediate family member (spouse, civil partner, partner, sibling and children), 2-3 days for less close relationships (grandparents, grandchildren, step parents) and 1 day for in-laws, aunts, uncles and cousins. This isn’t very generous considering a death in the family may involve travel, dealing with affairs and organising a funeral, as well as attending the funeral itself.

Businesses need to consider the impact of stingy compassionate leave on long-term commitment and productivity. A balanced, supportive and flexible approach is best for both employee and employer. 

Learn how Breathe can help you manage an employee's bereavement leave here.

Keeping on top of legal changes in 2025 

When it comes to bereavement and compassionate leave policies, most companies will want to be as generous as they possibly can. Ultimately, the average employee will only require this leave a few times in their working lives.  

But at the same time, UK businesses are currently facing rapidly rising employment costs. It’s sensible to keep an eye on costs like this to ensure your future budgets are kept under control.  

Whatever your approach, having a clear policy is so important. As well as being easier and fairer to employees, it’s also the best way to stay legal and compliant – whatever the rules may be.  

FAQs: Bereavement and compassionate leave policies

How long is compassionate leave? 

In the UK, statutory bereavement leave or ‘compassionate leave’ depends on the nature of the employee’s relationship to the deceased person. If the employee is the parent of a recently deceased or stillborn child, they are entitled to two weeks’ leave, which is usually paid. If a ‘dependent’ dies, the employee is entitled to ‘reasonable leave’, which is not paid. All other cases are down to the discretion of the employer. 

Is compassionate leave paid in the UK?  

Employers in the UK must offer two weeks’ leave to employees whose children have died or been stillborn, and usually that must be paid. However, in most other situations, bereavement or compassionate leave does not need to be paid. In practice, many employers will want to offer paid leave wherever they can afford to, but this is ultimately your choice. 

What is the UK compassionate leave entitlement? 

In the UK, there is no standard compassionate leave entitlement. The only exception to this is parents whose children have died or have been stillborn, who are usually entitled to paid leave. If an employee’s ‘dependent’ has died, employers should offer ‘reasonable leave’, but this doesn’t have to be paid. All other situations of compassionate or bereavement leave, paid or unpaid, are down to the discretion of the employer.