Bereavement and compassionate leave: a guide for HR and employees

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This guide covers bereavement leave and compassionate leave in the UK, including what employees are entitled to, what a good policy looks like, and what's changing under the Employment Rights Act 2025. It also explains parental bereavement leave (Jack's Law) and how employers can better support grieving staff.

Losing someone, or caring for a loved one who is seriously ill, is one of the hardest things an employee can go through. Bereavement leave and compassionate leave are the two key ways employers can offer meaningful support, but many people only discover what they're entitled to at the moment they need it most.

This guide explains both types of leave clearly: what they mean, what UK law requires, and how a well-designed policy helps both employees and organisations navigate an incredibly difficult time.

In this article:

What is compassionate leave?

What does a compassionate leave policy contain?

Is compassionate leave paid?

What is bereavement leave?

What does a bereavement leave policy contain?

What's changing under the Employment Rights Act 2025?

What is parental bereavement leave?

Frequently asked questions about bereavement and compassionate leave

How we can help

What is compassionate leave?

Compassionate leave is when employees get time off work if a relative or loved one is critically ill.

There are currently no UK laws obliging employers to grant compassionate leave, however, many organisations still offer it. 

Your employer may pay you for compassionate leave but they don’t have to. There is no statutory entitlement to pay if employees do take compassionate leave.

By offering compassionate leave, employers can show their support for employees during tough times. Gwenan West, Ciphr’s head of people, says: “People dedicate a lot of time to their work, often going above and beyond their contractual duties, so when things happen in their personal lives which mean they need time off, this is an employer’s moment to be supportive and show that they care.”

If you are going through a situation where you think you could be entitled to compassionate leave, the first step, as West says, is to talk to your manager.

“Managers should ask questions around the situation, find out as much information about what the employee is having to deal with, and the company should then make a decision about what length of time and payment is appropriate in the circumstance.”

Open communication can help your manager and HR teams better understand your situation and give you a suitable amount of leave.

 

What does a compassionate leave policy contain?

It’s up to your employer to create a compassionate leave policy that clearly states how much time off they give to employees for certain circumstances and whether there are limits on the number of times an employee can take compassionate leave.

When looking through your organisation’s compassionate leave policy (which employees typically review during their onboarding stage), make sure it covers:

  • Statutory rights
  • How much time off you get in specific circumstances
  • How much time off is paid or unpaid
  • Requirements for employees to provide notification

However, West says employers must not be dictatorial with their compassionate leave policy.

“Employers and HR teams should try to stay away from having a policy that sets out exactly how many days of leave an employee would get in each situation because each situation is different. For example, if an employee’s friend has passed away, you can’t say you will only give them a few days of leave because it’s only a friend and not a blood relation – that friend might be closer to them than an actual sibling and they may have next of kin responsibilities to carry out.”

So, West adds, “with compassionate leave, employers have to take it on an individual basis and adapt the leave for that individual.”

Rather than having to follow a set policy, West says employees should also make sure that they have opportunities to chat to managers or HR and share their concerns.

“Employers or managers should be having open conversations about the process of compassionate leave and what will happen next. They should also ask employees how much leave they think they will need.”

 

Is compassionate leave paid?

There is no legal right in the UK to paid compassionate leave (although there is a right to paid parental bereavement leave, if you meet the eligibility criteria – see below). However, many employers will pay you during periods of bereavement or compassionate leave. Check your employment contract, and your organisation’s policies, for full details of any pay you may be entitled to during a period of compassionate leave.

If your employer does not offer paid compassionate leave, you may be able to take the time off as sick leave or unpaid leave, or use your annual leave allowance instead.

 

What is bereavement leave?

While compassionate leave refers to time off if a loved one is critically ill or dies, bereavement leave is specifically when an employee takes time off after the death of a loved one.

Most commonly, employees take bereavement leave following the death of an immediate family member — such as a spouse or partner, parent, child, or sibling. However, many employers also extend bereavement leave to cover the loss of a grandparent, close friend, or other significant person, recognising that grief doesn't follow family trees.

There is currently no general statutory right to bereavement leave in the UK for most bereavements (parental bereavement leave is the exception — see below). This means the amount of time off you receive, and whether it is paid, depends entirely on your employer's policy.

Research from the CIPD found that just over half (54%) of employees were aware of their employer having a bereavement policy or support in place.

West says "employers should encourage employees to read the company policies within their first week on the job to help them understand the company values and culture" — employees should therefore take the time to understand what support is available before they need it.

Employers should also make employees aware of any internal or external support measures in place to help people deal with a bereavement.

What does a bereavement leave policy contain?

A clear bereavement leave policy removes uncertainty at the worst possible time. While every organisation's policy will differ, a well-written bereavement leave policy should cover:

  • Who qualifies for bereavement leave (immediate family, extended family, close friends)

  • how many days are available, and whether this varies by relationship

  • Whether leave is paid or unpaid

  • How employees notify their employer and what, if any, evidence is required

  • What additional support is available, such as counselling or phased return to work

As with compassionate leave, West cautions against overly rigid policies: "You can't say you will only give them a few days because it's only a friend and not a blood relation — that friend might be closer to them than an actual sibling." A good policy sets a baseline but gives managers the discretion to adapt to individual circumstances.

HR teams should review their bereavement leave policy ahead of the Employment Rights Act 2025 coming into force, to ensure it meets or exceeds the incoming statutory baseline.

What's changing under the Employment Rights Act 2025?

The Employment Rights Act 2025 marks a significant shift in how bereavement leave is treated in the UK. For the first time, statutory bereavement leave will extend beyond parental bereavement to cover a broader range of loss.

What the Act introduces:

  • A new right to statutory bereavement leave for employees who lose a close family member or dependant

  • The entitlement will be a day-one right, meaning employees won't need a qualifying period of service to access it

  • The legislation is currently expected to come into effect in 2027, though the exact timeline is subject to confirmation

What this means for employers:

Organisations that already offer bereavement leave through their own policies are ahead of the curve. However, the Employment Rights Act is a good prompt to review existing policies and ensure they meet or exceed the incoming statutory baseline.

HR teams should:

  • Audit current bereavement and compassionate leave policies against the expected requirements

  • Ensure line managers are trained to handle bereavement conversations sensitively and consistently

  • Check that policies are clearly communicated to employees, ideally during onboarding

Ciphr's HR software makes it easy to share, version-control and track employee acknowledgement of key policies, including bereavement leave.

 

What is parental bereavement leave?

On 6 April 2020, legislation known as ‘Jack’s Law’ came into effect, giving parents time off to deal with the death of a child if they die under the age of 18 or are stillborn after 24 weeks’ pregnancy.

Parents have a right to two weeks’ statutory parental bereavement leave if they’re an employee, and this right applies to all employed parents irrespective of how long they have been with their employer (the leave is a ‘day one’ employment right).

Parental bereavement leave must be taken within 56 weeks of the date of the child’s death and can be taken at short notice. The two weeks’ leave can be taken either in one block of two weeks, or as two separate blocks of one week. If an employee loses more than one child, they can take a separate period of leave for each child.

Parents with at least 26 weeks’ continuous service with their employer and weekly average earnings over the lower earnings limit will also be entitled to Statutory Parental Bereavement Pay (SPBP), paid at the statutory rate.

SPBP is administered by employers in the same way as existing family-related statutory payments, such as Statutory Paternity Pay. Employers can recover 92% of the SPBP paid, and those eligible for small employers’ relief can reclaim 100% plus a further element, which is currently 3%.

If there is ever a situation when you need to take compassionate leave or parental bereavement leave, don’t forget to openly communicate with your manager and HR teams to find out how your organisation can support you. Talk to your employer as soon as possible and make sure they understand how you are feeling.

 

Frequently asked questions about bereavement and compassionate leave

Is bereavement leave the same as compassionate leave?

Not exactly. Bereavement leave specifically covers time off following the death of a loved one. Compassionate leave is broader — it also applies when a relative or dependant is seriously ill. Many employers group them together in a single policy.

How many days bereavement leave are you entitled to in the UK?

Currently, there is no statutory entitlement to general bereavement leave for most employees — it depends on your employer's policy. The exception is parental bereavement leave (Jack's Law), which provides two weeks' leave for parents who lose a child under 18. The Employment Rights Act 2025 will introduce a wider statutory right to bereavement leave, expected to come into effect in 2027.

Can an employer refuse compassionate leave?

Technically yes, if there is no contractual entitlement. However, most employers handle requests sympathetically. If your employer refuses and you believe the decision is unreasonable, you may have grounds to escalate through your HR team or, in certain circumstances, via an employment tribunal.

What if I need more time than my employer's policy allows?

You may be able to use annual leave, sick leave (if your mental or physical health is affected), or agree unpaid leave with your employer. Open communication with your line manager or HR team is the most important first step.

Does bereavement leave apply to friends, not just family?

This depends on your employer's policy. There is no statutory requirement to grant bereavement leave for the death of a friend, but many organisations take a flexible, case-by-case approach rather than applying rigid rules.

Ciphr HR can help organisations better communicate important policies to employees

Ciphr’s HR software platform enables employers to digitally share policies with individual employees for them to review and ‘accept’, enabling organisations to not only maintain tight version control over important documents, but also to report on which individuals have read these policies. To find out how our online HR system can help with policy distribution and acceptance, and much more, request your free demo now.

This article was first published in September 2021. It was updated in May 2023, June 2023 and March 2026 for freshness, clarity, and accuracy. 

 

Further reading: Five ways employee self-service can improve absence management and reduce absences