HR tips: Compassionate leave 

Attitudes to the need for compassionate leave are changing. This week saw the Miscarriage Leave Bill get its second reading in parliament. Introduced by Angela Crawley MP, the Bill will give three days of paid bereavement leave for people who have experienced miscarriage. And this is not the only legislative development that is shining a spotlight on compassionate leave. Notable changes include “Jack’s Law”, which was introduced in 2020 and the Carers’ Leave Bill, which is currently at committee stage in the House of Lords.

Increasingly, employers are recognising the need to support their employees and formalise their policies around compassionate leave. So, where do you start? What legislation should you be aware of? How generous should you be? And how do you mitigate the impact of unplanned employee absences?

Create a plan

Though there is no current legal obligation to provide compassionate leave, unless this is for a child or dependant, many employers chose to include this in their employment contracts.

Developing a compassionate leave policy sends a strong signal that you care about the wellbeing of your employees.

If you are considering introducing this, you should:
• Design a plan covering the different types of leave to deal with family and carer obligations, and clarify the terms of those in your policies. Make sure that your HR department understands the differences between the various types of leave that arise in these situations.
• Specify the number of days that you are offering for each type of leave. Between three to five days is typical but some employers allow for time off on an as- needs basis.
• Clarify whether this leave is paid.
• Be explicit that there is no sellback scheme for those days – you’d be surprised but people do ask! 

Emergencies involving dependants or sick relatives

There is no legal definition of “compassionate leave” in the UK and it is worth knowing that it can encompass an employee’s right to a reasonable amount of time off to look after a dependant or a sick relative. This has been a right offered to UK employees since 1999 and refers specifically to emergencies. It does not cover pre-booked hospital appointments or known inconveniences like school inset days.

Carers’ Leave Bill

The Bill, currently in the process of being passed into law, gives employees with care responsibilities the right to take one week of unpaid time off work each year to provide for, or arrange for, the care of a dependant who requires long-term care.

Keep records

There is no legal limit to the number of times an employee can take time off to deal with emergencies. Your HR department should have a system in place to record time off and be ready to step in before the exercise of the right could become unreasonable, in the context of the needs of the business and the personal circumstances of the employee.

Create a positive workplace culture

A functioning employment relationship is predicated on mutual trust and confidence between employee and employer. Indeed, there is even some case law that has determined an unreasonable refusal to allow compassionate leave as a breach of this duty.

Of course, most employers want to support their employees and having a Compassionate Leave policy demonstrates a commitment to their wellbeing. As this policy comes into effect in times of difficulty and sadness, it is particularly important that you ensure there is absolute clarity and that both parties understand their rights and responsibilities.