When an employee notifies their line manager of a bereavement, they may have no idea of what, if any, compassionate leave they are entitled to.
At such a time, it is reasonable to assume many people will not have thought about digging out their contract of employment, and instead, will ask their manager and expect them to know. It can be a difficult subject to broach and some may feel uncomfortable asking for time off.
A policy can be a source of support for both employee and employer. Someone suffering from grief may struggle to provide clear details or to take on board information, so having the policy written in their contract or company handbook means their manager can direct them to it for reference.
Having a clearly defined policy is beneficial for line managers because they are not required to assess the situation and make the difficult decision themselves regarding what leave should be granted. A policy or scheme helps to promote fairness and consistency, and experts maintain that offering contractual paid compassionate leave can have a long-term positive impact on an employee’s relationship with their employer.
In the absence of any policy, employers will need to use their discretion and assess each situation individually. In order to achieve the same consistency that having a policy in place would provide, managers will need to be aware of previous custom and practice and apply these reasonably and responsibly.
Regardless of whether there is a policy in place for paid compassionate leave, if the deceased was a dependant of the employee, then they are entitled to a reasonable amount of unpaid time off to deal with matters. ‘Reasonable’ will depend on the situation and this includes time to arrange or attend a funeral.
A dependent could be a spouse, partner, child, grandchild, parent, or anyone living in the household. It could also be someone outside of the household who relies on the employee for care. Employers do not have to pay for this time off, but CIPD research suggests most employees are given five days paid leave.
If the deceased was not a dependent, this is where company policy can really help clarify matters. It may be the case that no paid leave is offered under such circumstances, but perhaps a certain amount of unpaid leave is appropriate.
Employees should not expect to be granted leave automatically, and the policy may instruct them to use their holiday allowance if any time off is required.
It is important to be able to openly discuss compassionate leave entitlement with a recently bereaved employee.
Clear and empathetic communication will ensure they feel supported and will help them give their employer an indication of when they might feel ready to return to work.
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