At some point in our lives, we Will face the unfortunate and unavoidable loss of a loved one. During this difficult time, taking time off work to cope with the loss, recover emotionally, handle the probate process, or organise the funeral may be necessary. This time off is known as compassionate or bereavement leave.
Bereavement leave from work
Understanding your entitlements and the legal framework surrounding bereavement leave can help you navigate this challenging period. Here’s what you need to know:
Am I entitled to bereavement leave?
Most employees have the right to a “reasonable” amount of unpaid time off to deal with emergencies involving a dependant or immediate family member, including attending a funeral. Under the Employment Rights Act 1996, a dependant includes:
- Spouse or civil partner
- Child
- Parent
- Someone who lives in the same household (excluding employees, tenants, or lodgers)
- Someone who relies on you for care or help during an emergency
If the deceased is not a dependant or part of your immediate family, it is up to your employer whether to grant leave. It is important to communicate openly with your employer to explain the situation and the emotional impact the loss has had on you, even if the person who died was a close friend or part of your chosen family.
You might be interested in reading: How to register a death
How long can I have off work after a bereavement?
There is no set legal amount of time off work after a bereavement. Typically, employers offer about three to five days, but this can vary. Check your employment contract or company policy for specifics. If you need more time, you may request to use annual leave or unpaid leave. The lack of a standard policy means that it’s crucial to discuss your needs with your employer and understand what is reasonable and possible within your workplace.
What if I need more time off work to grieve?
If you feel you need more time than your employer offers, discuss the possibility of using annual leave or unpaid leave. Some employers may allow additional compassionate leave for significant dates, such as anniversaries and birthdays. The grieving process is deeply personal and can take longer than the initially provided leave. It’s important to communicate your emotional and psychological needs with your employer, who may be able to offer further flexibility.
Immediately after the death, you might find solace in returning to work as a distraction. However, grief can resurface, and you may find it difficult to work on particular days, such as birthdays or anniversaries. Open communication with your employer about these challenges can help in arranging additional time off when needed.
Will I be paid for bereavement leave?
You do not have a statutory right to paid bereavement leave. However, many employers offer some paid leave, so check your employment contract or company policy. The financial implications of taking unpaid leave can be challenging, especially during a time when emotional and mental well-being should be the priority. If you are self-employed, there are no legal entitlements for leave, although it may help to explain your situation to those you are working for.
If your employer does not offer paid bereavement leave, you might find it helpful to seek advice from a social worker at a hospice or contact Citizens Advice for information on financial support and benefits you may be entitled to.
How to tell your employer about a death
Notify your employer as soon as reasonably possible. This can be done through your line manager or HR department, either in person, by phone, email, or text. Inform them of how long you expect to be away and how you wish to handle communications during your absence. Being clear and honest about your needs and how you want to handle the communication can help your employer support you better during this difficult time.
You may also discuss whether you want your colleagues to be informed about the bereavement and if you are comfortable being contacted by them while you’re away. Each person's grieving process is unique, and having control over who knows and how you are contacted can significantly impact your comfort and healing process.
What if my employer won’t give me the time off work?
We hope that your employer Will be sympathetic to what you are going through. However, if your employer refuses to give you time off, you can raise an informal grievance. Seek advice and support from Citizens Advice, the Advisory, Conciliation and Arbitration Service (ACAS), or your union if you are a member of one. Understanding your rights and the support available can empower you to handle such situations effectively.
Parental bereavement leave and pay
If your child dies before turning 18 or you have a stillbirth after 24 weeks of pregnancy, you may be eligible for Parental Bereavement Leave and Pay.
Parental bereavement leave
Eligible employees can take two weeks’ leave from the first day of employment for each child who has died or was stillborn. This leave can be taken:
- As two weeks together
- As two separate weeks
- As one week
The leave must be taken within 56 weeks of the date of death or stillbirth. This flexibility allows parents to use the leave when they need it most, whether immediately after the loss or at a later time when the emotional impact might be more profound.
Statutory parental bereavement pay
Eligible employees can receive £156.66 a week or 90% of their average weekly earnings (whichever is lower). Check your eligibility on GOV.UK. This financial support can be crucial in allowing parents to take the necessary time off without the added stress of financial instability.
Employment rights when on parental bereavement leave
Your employment rights are protected while on Parental Bereavement Leave, including the right to accrue holiday, receive pay rises, and return to work. Knowing that your job and benefits are secure can provide some peace of mind during an incredibly difficult time.
Entitlements after the death of a dependant
Although there is no set legal amount of bereavement leave for the death of a dependant, the leave provided should be "reasonable." ACAS offers advice on taking time off for a dependant. Understanding what is considered reasonable and the support available can help you negotiate the leave you need with your employer.
Entitlements after the death of a parent
If your parent dies, you are entitled to bereavement leave as they are part of your immediate family. This includes step-parents, foster parents, or surrogate parents. Note that Bereavement Support Payment is not available for the death of a parent but may be claimed if a spouse or civil partner dies.
Child benefits
You may be able to claim Child Benefit if you become the main carer for the child or children of the person who has died. Understanding all available benefits and support systems can help ease some of the financial burdens during this difficult period.
What to do next
After notifying your employer and agreeing on your time off, you can focus on registering the death and managing the deceased person's estate. If you feel overwhelmed, consider using professional probate services to handle the distribution of assets, allowing you to focus on more important matters.
This period also allows you to process your emotions and spend time giving and receiving support from loved ones. Grieving is a deeply personal process, and taking the necessary time can help you navigate this emotional journey more effectively.
Complete the simple form below, and one of our expert advisors Will be in touch to assist you. Whether you need help with the probate process or just want to understand your entitlements better, support is available to help you through this challenging time.
