Bereavement | Employment Rights

Bereavement Leave and Time Off Work

Bereavement can have a serious impact on work, family life and mental health. Employees may need time off to make arrangements, attend a funeral, support relatives, care for dependants or begin to deal with grief.

The legal position depends on who has died, the employee's relationship to that person, the reason for time off, and whether the employer has a bereavement or compassionate leave policy.

Time Off for Dependants

Employees have a statutory right to take reasonable time off work to deal with an emergency involving a dependant. This can include time off when a dependent dies, when urgent arrangements need to be made, or when care responsibilities are affected by the death.

A dependant can include a spouse, civil partner, child, parent, someone who lives in the same household other than a tenant, lodger or employee, or someone who reasonably relies on the employee for care or emergency assistance.

Is Time Off for Dependants Paid?

Time off for dependants is not automatically paid unless the employment contract, workplace policy or employer's discretion provides paid leave.

The amount of time off must be reasonable in the circumstances. It is usually intended to address the immediate emergency rather than to provide extended bereavement leave.

Parental Bereavement Leave

Employees may be entitled to Parental Bereavement Leave if their child dies before the age of 18 or if they suffer a stillbirth after 24 weeks of pregnancy.

Eligible employees can take up to 2 weeks' leave for each child who has died or was stillborn. This is a day-one employment right, meaning there is no minimum length of service needed for the leave itself.

Parental Bereavement Pay

Statutory Parental Bereavement Pay may be available if the employee meets the qualifying criteria, including the relevant length-of-service and earnings requirements.

The statutory weekly rate is set by the government and may change each tax year. Employers may also offer enhanced bereavement pay under their own policies.

Other Bereavement Leave

For bereavements that do not fall within Parental Bereavement Leave, there is usually no general statutory right to paid bereavement leave. Many employers nevertheless offer compassionate leave or special leave.

The amount of leave and whether it is paid will usually depend on the employment contract, staff handbook, workplace policy, custom and practice, or the employer's discretion.

Compassionate Leave Policies

A good bereavement policy can help avoid uncertainty at a difficult time. It should explain who is covered, how to request leave, how much paid or unpaid leave may be available, and what support is offered when the employee returns to work.

Acas recommends that employers handle bereavement sensitively and recognises the value of having a clear bereavement policy.

Funerals and Practical Arrangements

An employee may need time off to arrange or attend a funeral, register a death, deal with probate, support family members, care for children, make travel arrangements or manage urgent household matters.

Where the deceased was a dependant, time off for dependants may help with immediate practical arrangements. Longer periods may need to be agreed as compassionate leave, annual leave, unpaid leave or sickness absence depending on the circumstances.

Sickness Absence After Bereavement

Grief itself is not treated in the same way for every person. Some employees may be able to return to work quickly, while others may experience depression, anxiety, trauma, insomnia or other health effects.

If bereavement affects the employee's health and they are not fit to work, sickness absence may be appropriate. The employee may need a fit note if the absence exceeds the self-certification period.

Returning to Work

Employers should consider a sensitive return-to-work plan. This may include a phased return, temporary changes to duties, flexible working, adjusted hours, time off for counselling, a reduced workload, or avoiding certain duties for a period.

Managers should avoid assuming that every employee will respond to bereavement in the same way. Support should be discussed with the employee where possible.

Discrimination and Equality Issues

Bereavement can sometimes overlap with legal protections under equality law. For example, an employee may need time off connected with pregnancy loss, disability, religion, caring responsibilities or mental health.

Employers should take care to avoid unfair or inconsistent treatment and should consider reasonable adjustments where a bereavement has caused or worsened a disability.

Pregnancy Loss

Different rights may apply depending on the stage and circumstances of pregnancy loss. Parental Bereavement Leave can apply after a stillbirth from 24 weeks of pregnancy.

If a pregnancy loss occurs before 24 weeks, the employee may still need support, compassionate leave, sickness absence, or other workplace adjustments. Employers should handle these situations sensitively.

Notice to the Employer

An employee should tell their employer as soon as reasonably possible that they need time off, the reason for the absence and how long they expect to be away.

In an emergency, notice may be short. Employers should avoid imposing unrealistic reporting requirements when an employee is dealing with a death or urgent family situation.

Employer Refusal or Poor Treatment

If an employer unreasonably refuses time off for dependants, penalises an employee for taking protected time off, or handles bereavement in a discriminatory or unfair way, the employee may have legal options.

The correct route will depend on the facts and may involve a grievance, ACAS early conciliation, an employment tribunal claim or legal advice.

Why Employers Should Have a Bereavement Policy

A bereavement policy helps managers respond consistently and compassionately. It can reduce uncertainty for employees and avoid disputes about pay, time off and return-to-work arrangements.

Even where the law does not require paid bereavement leave, many employers choose to provide it because it supports staff wellbeing and can help avoid longer sickness absence or workplace conflict.

When Legal Advice May Be Needed

Legal advice may be needed where an employee has been refused time off after a death, dismissed or disciplined for bereavement-related absence, denied parental bereavement leave or pay, treated inconsistently, discriminated against, or forced to use annual leave inappropriately.

A solicitor can advise on time off for dependants, parental bereavement leave, statutory pay, employment contracts, workplace policies, grievances, discrimination, unfair dismissal and employment tribunal claims.

Current Position

Employees have a right to reasonable unpaid time off to deal with emergencies involving dependants, including some situations following a death. There is also a specific right to Parental Bereavement Leave where a child dies or is stillborn after 24 weeks of pregnancy.

For most other bereavements, there is no general statutory right to paid bereavement leave. Employees should check their contract and workplace policy, while employers should deal with requests sensitively and consistently.

Disclaimer

Solicitors.com is not a firm of solicitors and does not provide legal advice. The information on this page is for general guidance only and should not be relied upon as a substitute for advice from a regulated solicitor. Employment law, statutory pay rates and workplace rights can change, and how the law applies will depend on the facts of each case.

Feedback

If you believe this page contains an error or requires updating, please get in touch with us. We welcome amendments that help keep our legal information accurate and useful.