What is Bereavement Leave?

Unfortunately, everyone faces some form of death at least once in our lives. Whether it involves parents, children, or pets, employers must know how to deal with bereavement.

While the rules vary, there are statutory guidelines for dealing with bereavement leave requests. Failing to comply with them could result in losing the trust, respect, and loyalty of your valuable employees.

In this guide, we’ll look at what bereavement leave is, who can request it, and how to ensure your business follows the right steps when it comes to dealing with personal death.

What is bereavement leave?

Bereavement leave in the UK is time off given to employees when faced with the death of an immediate family member or close relation. It’s sometimes known as ‘compassionate leave’ or ‘funeral leave’.

Employees may use their time off to attend funerals or spend time with loved ones. They may also take time to grieve or resolve personal issues related to the deceased.

Whatever their situation involves, employers should be supportive during the different stages of death. Sympathy and communication are key – your aim is to protect your employees’ physical and emotional wellbeing whilst they’re grieving.

Who is classed as family members?

Family members are defined as the following:

• Spouse.
• Partner.
• Child.
• Parent.
• Brother.
• Sister.
• Grandparent.
• Aunt/Uncle.
• Neice/Nephew.
• Someone the employee has cared for.

But sometimes, someone who has died outside of their immediate family - such as friends, may be considered.

Do employers have to offer bereavement leave?

Employers must offer bereavement leave if applicable legislations apply. For example, if an employee faces the death of their child, they’re entitled to Statutory Parental Bereavement Pay and Leave.

Anyone with employee-status is legally entitled to time off for dependants. This is covered under the Employment Rights Act 1996. Time off here can be used for urgent or serious emergencies relating to people who are dependent on them.

Remember, bereavement leave is both a legal and moral right. Your employees will appreciate this support whilst going through tough times – and will reiterate it through morale, loyalty, and presenteeism.

What is the new law on bereavement leave in the UK?

On 24th May, the Paternity Leave (Bereavement) Bill 2024 was passed into British law. The Bill sits aside existing paternity leave rights for fathers grieving the death of a family member or loved one.

These specific employees are entitled to parental bereavement leave if their child passes away. This covers a child under 18, miscarriages, and stillbirths.

There are particular rules on bereavement leave for stillbirths outlined by ACAS. If a child is stillborn after 24 weeks of pregnancy, statutory bereavement leave for parents applies through the following:

• Birth mothers receive up to 52 weeks of statutory maternity leave or pay.
• Birth fathers receive up to two weeks of paternity leave or pay.
• Partners or adopters receive up to two weeks of paternity leave and pay.

How long is bereavement leave?

The amount of time an employee can take off for bereavement depends on their type of leave. For example, they might receive the statutory entitlement for certain types of deaths.

Companies can offer a reasonable leave rate, like three to five days per year, if employees aren’t eligible for the legal amount. But it really depends on their circumstances. For example, if they need to fly out of the country to attend a funeral.

Some employees may follow religious practices relating to bereavement. It’s important not to directly (or indirectly) discriminate them whilst requesting time off for deaths. Ensure your policies and procedures are fair across religious and non-religious funerals.

Is bereavement leave paid?

Again, paid bereavement leave is only available as a statutory right for certain types of deaths. For example, during parental bereavement leave

Most companies do offer unpaid bereavement leave to their staff; whilst others offer day-rates. Here, you can class bereavement under sick leave or annual holidays instead of offering bereavement leave pay.

How to create a bereavement leave policy for your workplace

When an employee experiences the death of a close person, you never know what support they require during their grieving process.

Employers should outline guidelines that help establish what the best steps are for dealing with personal deaths. Let’s look at how to create a bereavement policy for your workplace:

The first step you should take is outlining your rules on bereavement leave. Start by stating whether your company offers this leave or not. If it does, your policy should include information like:

• What counts as a bereavement.
• Who is entitled to it.
• How many days are you allowed to take.
• Is the leave paid or not.

Employers should document your policy in writing, like in employee handbooks and employment contracts. Employers should also ensure all staff have access to the policy, as well as people they can reach out to for further advice.

The next step involves offering alternative options for employees who don’t qualify for bereavement leave. For example, if someone requests leave for the death of their family dog.

In these cases, employees don’t qualify for time off for the death of non-dependants. Despite that, you should deal with such requests reasonably. Offer them alternatives, like using sick leave, annual holiday, or even unpaid leave instead.

Get expert advice on bereavement leave in the UK with Peninsula

Death can affect any one of us at any given time. When employees are going through such troubling times, it’s your duty to ensure they’re supported at work in the best manner.

Peninsula offers expert advice on managing bereavement leave. We also offer 24-hour HR advice – ready to help you support employees going through tough personal issues.

Want to find out more? Contact us on 0800 028 2420 and book a free consultation with an HR consultant today.