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What is a Bereavement Leave Policy?
A Bereavement Leave Policy sets out an employer’s approach towards bereavement leave (also known as ‘compassionate leave’). Bereavement Leave Policies ensure that employees know how much leave (paid and unpaid) they can take when a loved one dies and how such leave can be taken.
When should I use a Bereavement Leave Policy?
Use this Bereavement Leave Policy:
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to inform employees about bereavement leave
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only for staff based in England, Wales or Scotland
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not to communicate about employees’ statutory right to take parental bereavement leave - Ask a lawyer if you require a parental bereavement leave policy
Sample Bereavement Leave Policy
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BEREAVEMENT LEAVE POLICY
Statement and Purpose of Policy
- (we or us or our) acknowledges the personal nature of bereavement and is committed to supporting employees in practical and reasonable ways.
- Bereavement or compassionate leave is leave that allows an employee time off to deal with their personal distress and related practical arrangements, primarily, but not limited to, when a member of their family passes away.
- This Policy shows the minimum leave employees are entitled to in different circumstances.
- We further acknowledge that:
- not all employees may take the full leave allowance; and
- some employees may need additional time, depending on their relationship with the person who has died and the circumstances of the death.
- We will take each situation on a case-by-case basis and will discuss any particular circumstances with employees individually.
- We may amend this Policy at any time, at our absolute discretion.
Paid Leave
- In the event of the passing of an immediate relative, employees will be entitled to working days' paid leave. An immediate relative includes a:
- spouse, civil partner or partner (partners include anyone the employee is cohabiting with but not married to and include same-sex partners);
- child (including any children the employee has adopted, is the legal guardian or carer of);
- parent or step-parent;
- sibling; or
- person with whom the employee is in a relationship of domestic dependency.
- Employees will be entitled to working days' paid leave in the event of the passing of a:
- grandparent;
- grandchild;
- aunt or uncle;
- mother- or father-in-law; or
- daughter- or son-in-law.
- In certain circumstances, employees may be granted up to paid working days' leave in the event of the passing of someone outside of their family. These circumstances include, but are not limited to situations where the employee:
- is responsible for making funeral arrangements; or
- has to travel abroad to attend the funeral.
- If employees need to take bereavement leave, they should speak to their line manager or HR department as soon as possible or, at the latest, on the first day of absence.
- In exceptional circumstances, employees may apply for paid leave after the first day of absence and line managers and the HR department can exercise discretion in such exceptional circumstances.
- Paid compassionate leave days do not have to be taken consecutively.
Annual Leave
- In the event of bereavement, employees may take annual leave at short notice, to supplement their paid bereavement leave.
- Employees should speak to their line manager or HR department about taking such supplementary annual leave.
- In the event of a family bereavement while on annual leave, employees can change their annual leave into bereavement leave and take their annual leave at a later date.
Returning To Work After a Bereavement
- We acknowledge that, in certain circumstances following the passing of a relative, a full return to work may not be immediately possible (e.g. because the employee’s grief may impact their ability to perform their duties or new childcare arrangements need to be made). In such circumstances, employees can, where practicable, have a phased return to work, including:
- Any arrangements for a phased return to work will need to be agreed in advance with the employee’s line manager or HR department and will be subject to an agreed maximum number of days.
Support for Employees
- If an employee has any concerns about how their grieving process is impacting on their work performance, they should speak to their line manager or HR department. This will help ensure that any necessary reasonable adjustments can be discussed and put in place so that the employee is supported in their return to work.
Health and Safety
- Our workplace health and safety assessment considers the impact of bereavement on employees, their duties and responsibilities and the context in which they work (e.g. if they operate heavy machinery or equipment).
- Employees who are concerned about their ability to safely carry out all their duties after a bereavement should speak to their line manager.
- We reserve the right to request that an employee meet with their GP before fully returning to work and resuming their previous duties.
Culture and Diversity
- We acknowledge and recognise that different cultures respond differently to death. Line managers or the HR department will check if an employee observes any particular religious or cultural practices and will make special arrangements if employees require time off work in such cases.
- Employees should make their line manager or HR department aware of any religious or cultural practices that may require special arrangements as soon as possible.
- If line managers or the HR department are unsure how to respond to a bereaved employee from a different cultural background, they should ask the employee or someone from their cultural group about what is appropriate.
Attribution
- This Bereavement Leave Policy was created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).
About Bereavement Leave Policies
Learn more about making your Bereavement Leave Policy
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How to make a Bereavement Leave Policy
Making a Bereavement Leave Policy online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.
To make your Bereavement Leave Policy you will need the following information:
Employer details
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What is the employer’s name?
Bereavement leave
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How many days of paid leave are granted?
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Can employees take unpaid leave for bereavements?
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If so, how many days of unpaid leave can employees take?
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Return to work
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How will employees gradually return to work if necessary?
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Is a Flexible working policy in place?
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If counselling is offered, will the cost of sessions be covered?
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If so, how many counselling sessions will be covered?
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Common terms in a Bereavement Leave Policy
Bereavement Leave Policies set out businesses’ approaches towards employee bereavements and bereavement leave. To achieve this, this Bereavement Leave Policy covers:
Statement and purpose of Policy
This section explains the purpose of the Bereavement Leave Policy. It also highlights that the Bereavement Leave Policy is a statement of policy only and it can, as a result, be amended by the employer as and when necessary.
Paid leave
This section sets out an employee’s entitlement to paid bereavement leave. It encourages employees who have experienced bereavements to speak to their manager or HR department as soon as possible.
Annual leave
This section sets out that employees may take annual leave and, where applicable, unpaid leave to supplement their paid bereavement leave.
Unpaid leave
This section is included if employees are entitled to take unpaid leave to supplement their paid bereavement leave. It provides details on how many unpaid days employees may take and how such unpaid leave can be taken.
Returning to work after a bereavement
This section acknowledges that, following a bereavement, an employee may not be able to immediately return to work on a full-time basis. This section details how the employer supports an employee’s phased return to work and encourages them to request flexible working (eg under the employer’s Flexible working policy).
Support for employees
This section details the support the employer offers to employees who have experienced bereavements.
Health and safety
This section covers the employer’s health and safety considerations and details how bereavements are factored into relevant workplace health and safety assessment. It also encourages employees to speak to their line managers if they are concerned about their ability to safely carry out all their duties after a bereavement.
Culture and diversity
This section highlights that the employer acknowledges and recognises that different cultures respond differently to death. It highlights that employees can request special arrangements for time off for any particular religious or cultural practices.
If you want your Bereavement Leave Policy to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review or change the Bereavement Leave Policy for you to ensure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.
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Legal tips for making a Bereavement Leave Policy
Be aware of parental bereavement leave
Parental bereavement leave is a different kind of bereavement leave. It grants employees the right to take up to 2 weeks of leave after the death of a child if the child dies under the age of 18 or is stillborn. Qualifying employees are entitled to take parental bereavement leave from their first day of employment. Provided certain conditions are met, employees may also be entitled to receive Statutory Parental Bereavement Pay (SPBP). For more information, read Parental bereavement leave. It is a good idea to adopt a bespoke parental bereavement leave policy to inform employees about their right to parental bereavement leave.
Consider how best to support employees experiencing a bereavement
Losing a loved one can be an extremely difficult and emotional experience and it is important to support employees who are experiencing a bereavement. Supporting bereaved employees may involve:
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offering condolences - line managers should always express their sympathy and offer condolences to the employee who has lost a loved one. Bereaved employees should know that their line managers are sorry for their loss and that they are there for them
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being understanding - bereavement is a personal experience, especially as everyone experiences and copes with grief differently. Line managers should be understanding of an employee’s needs during a period of bereavement,
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providing resources - it is a good idea to offer resources to bereaved employees such as counselling services, grief support groups, or employee assistance programmes, to help them cope with their losses
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being flexible - employers should be flexible, not only with regards to an employee’s bereavement leave, but also after an employee returns to work after a bereavement
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clear communication - line managers should make sure to keep communication open and to encourage employees to talk about their feelings and emotions. They should let bereaved employees know that they can come to them if they need support
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following up - line managers should periodically check in with a bereaved employees to see how they are doing and if there is anything else they can do to support them
Bear in mind that the key to supporting bereaved employees is to be compassionate, understanding and available to provide help and support when needed.
Allow a phased return to work
Part of supporting an employee experiencing a bereavement is allowing flexibility regarding their return to work. By allowing a phased return to work you not only acknowledge that grieving is a personal experience, but also enable employees to make any necessary arrangements. Offering flexibility may also help prevent burnout and can support an employee’s mental health and mitigate their stress levels. For more information, see the FAQ ‘What about employees returning to work after a bereavement?’.
Understand when to seek advice from a lawyer
Ask a lawyer for advice if:
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this Bereavement Leave Policy doesn’t meet your specific needs
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you have employees based outside of England, Wales and Scotland
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you require a parental bereavement leave policy
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Bereavement Leave Policy FAQs
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What should a Bereavement Leave Policy include?
This Bereavement Leave Policy template covers:
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aims of the Policy
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who is covered by the Policy
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paid bereavement leave
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unpaid bereavement leave
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returning to work after bereavement leave
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support offered
Note that this Policy does not cover parental bereavement leave (ie employees’ statutory right to take leave if their child dies). If you need a parental bereavement leave policy, Ask a lawyer for assistance.
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Why do I need a Bereavement Leave Policy?
Employees are entitled to 'reasonable' time off work to deal with emergencies, including bereavements involving dependants (eg a spouse, partner, child, grandchild, parent, or someone else who depends on the employee for care). What is considered a reasonable time depends on the specific circumstances. Having in place a Bereavement Leave Policy ensures that your employees know about their compassionate leave entitlements and helps you to comply with your legal duty to provide such leave under the Employment Rights Act 1996.
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What is bereavement leave?
Bereavement leave is the time off granted to an employee when a loved one passes away. Anyone classed as an employee (ie not a worker or consultant) has the right to time off if a dependant dies. Dependants include spouses, civil partners, unmarried partners, parents, children, and individuals who relied on the employee.
This Policy covers paid bereavement leave for:
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immediate relatives (ie spouses, civil partners, unmarried partners, children, parents, step-parents, siblings and anyone with whom the employee is in a relationship of domestic dependency)
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certain close relatives (ie grandparents, grandchildren, aunts, uncles, parents-in-law and children-in-law)
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those outside their family, in certain circumstances (eg where the employee is responsible for making funeral arrangements or has to travel abroad to attend the funeral)
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What about unpaid bereavement leave and annual leave?
This Policy covers employees taking annual leave and/or unpaid bereavement leave (eg to supplement paid bereavement leave).
If an employee experiences bereavement while on annual leave, they can change their annual leave into bereavement leave and take annual leave at a later date. This should be clearly set out in an Annual leave policy.
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What about employees returning to work after a bereavement?
Bear in mind that in certain circumstances after the death of a loved one, a full return to work may not be immediately possible (eg because the employee’s grief may impact their ability to perform their duties or new childcare arrangements may need to be made). In such situations, you should (where practicable) consider a flexible return to work by, for example, allowing an employee to return to work on a part-time or reduced-hours basis. Consider making any such arrangements in accordance with your Flexible working policy.
For more information, read Bereavement leave.
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