Compassionate leave UK: entitlement, pay and rules

Compassionate leave is time off work an employer allows when an employee is affected by a death, a serious illness or another family crisis. Acas notes that employers call it different things, including compassionate leave, bereavement leave or special leave. What it covers, how long it lasts and whether it is paid are set by the employer's policy or the contract, or agreed case by case.

Most requests follow a death, but many policies also cover a close relative's serious illness, a life-threatening diagnosis or a sudden crisis at home. Writing down what the policy covers helps managers respond consistently.

There is no general statutory right to a fixed number of compassionate leave days. Acas says that where none of the specific legal rights apply, there is no legal right to time off, although employers should still be compassionate. The rights that do exist are narrower and need checking before you treat a request as purely discretionary.

Employees have a right to reasonable time off to take action that is necessary in consequence of the death of a dependant, which includes arranging or attending the funeral. The same right covers emergencies such as a dependant falling ill, being injured or assaulted, or care arrangements breaking down unexpectedly. Eligible parents have a separate right to parental bereavement leave.

A dependant is a spouse or civil partner, a child, a parent, or someone who lives in the same household other than as a tenant, lodger, boarder or employee. For illness or injury it also includes anyone who reasonably relies on the employee for help or care. Acas gives the example of an elderly neighbour.

Anyone legally classed as an employee can take this time off. They must tell the employer the reason as soon as reasonably practicable and, where they can, how long they expect to be away. The law says the time must be reasonable, and Acas asks employers to be as flexible as they can.

Dismissing someone, or selecting them for redundancy, because they took or asked for this time off is automatically unfair, and employees can also claim if they suffer a detriment for using it. Employers may pay for the time off but do not have to.

Parents whose child dies before the age of 18, or who have a stillbirth after 24 weeks of pregnancy, can take 2 weeks' parental bereavement leave from the first day of employment. They can take the 2 weeks together, as 2 separate weeks, or take only one week, and the leave must finish within 56 weeks of the death or stillbirth.

Statutory Parental Bereavement Pay is £194.32 a week or 90% of average weekly earnings, whichever is lower. To qualify for pay, the employee needs at least 26 weeks' continuous employment by the end of the week before the death, must still be employed on the day the child dies or is stillborn, and must earn on average at least £129 a week over an 8-week period.

Parental bereavement leave is a separate right and should not be taken out of a company compassionate leave allowance. Since 6 April 2026, bereaved fathers and partners can also take up to 52 weeks of paternity leave if the mother or primary adopter dies in the child's first year.

In everyday use the two terms overlap, and Acas treats them as names an employer might choose for the same kind of policy. A useful distinction is that bereavement leave is about a death, while compassionate leave is often wider and can include serious illness or a family crisis. Some employers run one policy for both.

The legal picture is changing. The Employment Rights Act 2025 creates a new day-one right to unpaid bereavement leave, including pregnancy loss. The Act says the leave must be at least one week and that the employee must have at least 56 days to take it. Who qualifies, notice and evidence will be set in regulations, and the government expects the right to take effect in 2027. Dates remain subject to change, so until then it is not in force.

When it starts, a compassionate leave policy will sit on top of that minimum. Employers can still choose to offer more time or pay it.

There is no legal number of days and no legal right to paid compassionate leave, apart from parental bereavement pay. Acas says many employers choose to offer pay. The amount is a policy decision: some employers set days by relationship, others offer a single allowance for any bereavement so managers do not have to judge how close someone was.

If the policy runs out or there is no policy, the employer and employee should agree the type of leave, how long it lasts and whether it is paid. Acas suggests talking about sick leave, holiday or unpaid leave to cover further time off, with usual sick pay or holiday pay applying. Do not pressure someone into using holiday, and confirm what has been agreed in writing.

Some people need time straight away; others need it later, for the funeral, an inquest or an anniversary. Let the employee decide when they take their leave where you can, rather than insisting it starts on the day of the death.

Acas notes that grief is a natural response to death and is not a mental health problem, but if a worker develops poor mental health it should be taken seriously and supported. If an employee is too unwell to work, normal sick leave rules apply.

From 6 April 2026, Statutory Sick Pay no longer has a waiting period or a lower earnings limit. GOV.UK states that SSP is up to £123.25 a week for up to 28 weeks. Absence after a pregnancy loss before 24 weeks that relates to the pregnancy is likely to be pregnancy-related sickness, which Acas says should be recorded separately and not counted towards absence trigger points.

A written policy stops each manager inventing their own answer at a difficult moment. Acas suggests a bereavement policy sets out the points below. Acas also says employers should be understanding and flexible if someone does not follow the policy exactly, for example if they need a few days before they can tell their manager.

Start by saying you are sorry to hear the news and make it clear that work comes second. Ask how they would like to keep in touch and how often, and whether they want colleagues told and contacted. Acas advises not talking about a return to work in the first days after a death, and not pressuring the employee into decisions before they are ready.

When they are ready, discuss how they are coping and whether a phased return or a temporary change of duties would help. Remember that support may be needed later, around an anniversary or an inquest. Refusing time off to attend a religious ceremony after a death could amount to religion or belief discrimination, so consider travel and religious observance when agreeing the length of leave.