What is compassionate leave? An employer’s guide

Loss is an inevitable part of life, and when it happens, employees need space to cope, process, and heal. 

That’s why it’s important for employers to understand what compassionate leave is and how to offer it with care. When a worker is mourning a loved one’s death or managing a critical family emergency, this type of leave supports them during difficult times. 

In this guide, we’ll discuss the essentials of compassionate leave in the United Kingdom—including how it differs from bereavement leave—and how to create a respectful, inclusive policy. 

What is compassionate leave? 

U.K. compassionate leave is typically a form of discretionary leave from work, unlike statutory entitlements such as personal or maternity leave. This type of leave of absence helps employees navigate the emotional and logistical impact of deeply personal events. Compassionate leave examples include the death of a family member, a medical crisis affecting a loved one, or a sudden family emergency. Outside everyday circumstances, these events require companies to respond with empathy and flexibility. 

Handling compassionate leave with care is vital for building a trustworthy, respectful workplace. These situations often carry heavy emotional weight, whether someone is dealing with a seriously ill partner, grieving a death, or arranging a funeral. Others may be managing responsibilities for a dependent or cohabiting spouse who needs urgent support. In every case, organizations must respond with compliant policies and human compassion. 

Approaching compassionate leave with respect and consistency ensures that your policy doesn’t just check a box, but genuinely supports people when they’re vulnerable. This kind of unpaid or paid leave makes a real difference in how a team member copes, recovers, and prepares to re-onboard at work.

Compassionate leave vs. bereavement time 

Compassionate and bereavement leave are closely related in the U.K. but serve different purposes. While employers often use the terms interchangeably, understanding the differences helps businesses create legally sound, empathetic policies. 

Compassionate leave provides staff time off for sensitive personal circumstances, such as caring for a seriously ill family member or supporting a domestic partner in crisis. Bereavement leave is time off specifically to mourn the death of a loved one, make funeral arrangements, and handle related responsibilities.

Both types of leave support employees through difficult times. Here’s a comparison of how compassionate leave and bereavement leave work in the U.K.: 

The U.K. government recognizes the importance of time off during emergencies but leaves much of the structure to the individual employer’s discretion. Organizations should clearly define both types of leave in their internal documentation to give employees clarity and show commitment to the team’s mental health and overall well-being. 

Why does compassionate leave represent a challenge for employers?

Offering compassionate leave is an excellent way to support team members, but it can introduce operational hurdles. Here are four of the main challenges employers face: 

1. Unpredictable timing: Compassionate leave often stems from an emergency or a loved one’s death, leaving managers with little time to plan for an absence. This can disrupt ongoing projects, especially in high-pressure environments. 
2. Lack of clear timelines: Unlike paid or sick leave, compassionate leave doesn’t always have a defined end date. It’s not always clear when a team member will return to work, which can complicate coverage and planning. 
3. Policy ambiguity: Compassionate leave in the U.K. can be a gray area. There’s no legal right to general time off for emotional or personal hardship—just unpaid leave for emergencies involving dependents. That leaves HR teams to make judgment calls, which can lead to mixed outcomes for employees.
4. Impact on team workload: When a colleague takes unexpected time off, others may need to cover their responsibilities. Over time, this can cause frustration or strain, particularly if the compassionate leave policy isn’t clear about duration or eligibility. 

Is compassionate leave paid?

Global approaches to compassionate leave vary. If your business operates across borders, it’s essential to understand the laws in each area. 

As mentioned, the U.K. does not guarantee paid compassionate leave. However, employees are entitled to take a reasonable amount of unpaid time off for emergencies involving a dependent, as outlined in the Employment Rights Act of 1996.

It’s important to note that this leave is for unexpected events. It doesn’t apply to planned or foreseeable situations. If an employee needs time off for a pre-arranged medical appointment or to assist with ongoing caregiving duties, they must use other types of leave, like parental leave. The Employment Rights Act doesn’t suggest how many days off an employee can take, but employers can address performance concerns as necessary. 

Regulations differ in other parts of the world—and so does how governments define who compassionate leave is for. While some policies focus on dependents, compassionate leave often applies to a broader circle of close family members. In many cases, employees may take time off to care for a seriously ill spouse, parent, or child.

For example, in France, compassionate leave is not legally defined. Still, as part of bereavement leave, parents are entitled to five days of paid leave if a child is diagnosed with a disability or a serious illness. 

In Ireland, there’s no statutory right to compassionate or bereavement leave, but many employers provide three to five paid days off following the death of an immediate family member. Some employers give significantly more time, but it’s up to the company’s discretion. 

Dutch law provides short-term and long-term compassionate leave. Employees can take the former to care for a partner, parent, or child, typically amounting to twice the weekly working hours per year, with at least 70% of their salary paid. The latter, which is for caring for a partner, parent, or child with a life-threatening illness, allows employees to reduce their working hours for up to 12 weeks. This is typically unpaid. 

How to create a compassionate leave policy

U.K. compassionate leave supports employees during challenging moments. While every team and jurisdiction has different needs, these four steps will help you design a thoughtful policy. 

1. Define covered situations

Be specific about which events qualify for compassionate leave. This might include the death of an immediate family member or a serious illness affecting a spouse. Avoid vague language so employees know exactly when and how they’re entitled to request leave.

2. Decide on paid or unpaid time off

Determine whether your organization will offer paid or unpaid time off for compassionate leave. In the U.K., employees don’t have a statutory entitlement to paid compassionate leave, so this decision typically falls to the employer. Some companies offer a mix of paid and unpaid time off depending on the employee’s status (full-time or part-time) and the nature of the event. 

3. Clarify documentation requirements

Outline if and when you’ll request supporting evidence for compassionate leave. This might be a doctor’s note or a death certificate. Be clear about the required documents and collect this information in a sensitive way. 

4. Include flexible work options 

Returning to work after a loss or a family emergency isn’t always linear. Offer flexible arrangements, like remote work or a phased return to work plan. You can also offer adjusted hours. These accommodations help team members re-engage with their responsibilities while continuing to process their experience. 

5. Document permissions and processes 

Update your company’s HR handbook or internal standard operating procedures (SOPs) to outline the compassionate leave policy clearly. Include how to request time off, who approves it, and any follow-up steps. This transparency creates an equitable experience and reduces confusion for all employees. 

Build compliant policies with Oyster

Understanding compassionate leave and how it varies across countries is key for managing a global team. In cross-border workplaces where teams span cultures, time zones, and legal systems, this policy must reflect local nuances, meet legal expectations, and reinforce your commitment to putting people first. 

Oyster helps you do just that. Our global employment platform equips you with the tools and expert guidance to create compliant, locally informed HR policies in over 180 countries. You’ll have access to country-specific knowledge and up-to-date insights on local labor laws to confidently support your distributed team. 

Visit Oyster’s global compliance hub to learn how Oyster helps businesses stay compliant around the world.