Skip to main content
Book a call — £89
Menu

Compassionate Leave Policy UK: Employer Guide 2025

We're not a law firm — we help you find the right legal support. For advice on your situation, speak to a legal adviser or find a solicitor.

Part ofUK Employment Law Guide for Employers (2025)

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Life throws difficult moments at people without warning. A bereavement, a sudden illness in the family, a child stuck at school with no one to collect them, these things rarely arrive at convenient times. How a business responds in those moments shapes how staff feel about working there for years afterwards. A written compassionate leave policy sets out what people can expect and gives managers a consistent framework to follow. This guide walks through what compassionate leave means under UK employment law, what a sensible policy should cover, and the practical points employers tend to miss. It is aimed at small and mid-sized businesses who want to look after their people properly while staying on the right side of the legislation.

What this document is

Compassionate leave is the time off an employer allows when someone needs to deal with a personal crisis involving a close family member or dependant. In UK law, the closest statutory right sits in the Employment Rights Act 1996, which gives employees a right to reasonable unpaid time off to deal with emergencies affecting a dependant.

A dependant usually means a spouse, partner, child, parent, or anyone who lives in the household or reasonably relies on the employee for care. Separately, parents who lose a child under 18 or suffer a stillbirth after 24 weeks have a statutory right to Parental Bereavement Leave.

Many employers go further than the legal minimum by offering a set number of paid days for funerals, serious illness, or other distressing events. A compassionate leave policy brings these entitlements together in one place so staff know what they can ask for and managers know how to respond. It is not the same as sick leave or annual leave, though those may be used alongside it.

How to use this document

  1. Decide what you want your policy to cover. Think about the events you want to recognise: bereavement, serious illness of a relative, funerals, caring responsibilities during an emergency. The legal floor is unpaid emergency leave for dependants and parental bereavement leave, but most employers choose to offer more than that. Be clear whether the leave is paid, unpaid, or a mix.
  2. Define who counts as a dependant. This is where disputes most often arise. Set out plainly whether step-parents, long-term partners, in-laws, or close friends fall within scope. Vague drafting leads to inconsistent decisions and grievances. A short list with a catch-all for people who reasonably depend on the employee tends to work well in practice.
  3. Set out how staff should request leave. Emergencies cannot always be planned, so the policy should allow for a phone call or message on the day, with paperwork to follow. Say who the request should go to, what information you expect, and how quickly the employer will respond. Avoid rigid notice requirements that people cannot realistically meet.
  4. Explain how pay and duration will be handled. State the number of paid days available, whether extra unpaid time can be requested, and how the policy interacts with annual leave and sick leave. If you operate discretion for unusual cases, say so openly rather than leaving it unwritten. Transparency prevents the perception of favouritism.
  5. Train managers and review the policy regularly. A policy on paper only works if line managers know how to apply it with sensitivity. Run short briefings so they understand the boundaries of their discretion, what to say, and what to escalate. Review the policy every couple of years, or sooner if legislation changes.

Common questions

If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Common questions

Q Is compassionate leave a legal right in the UK?
There is no single statutory right called compassionate leave. Employees do have a legal right to reasonable unpaid time off to deal with emergencies involving a dependant, and bereaved parents of a child under 18 have a right to Parental Bereavement Leave. Beyond that, compassionate leave is contractual, meaning it depends on what your employer offers in their policy or employment contract.
Q Does compassionate leave have to be paid?
The statutory right to time off for dependants is unpaid. Parental Bereavement Leave can attract statutory pay if the employee meets the qualifying conditions. Many employers choose to offer a number of paid days as a matter of good practice, but this is a business decision rather than a legal requirement. The policy should make the position on pay completely clear.
Q How many days of compassionate leave should employers offer?
There is no fixed answer. Common practice in the UK ranges from three to five paid days for a close bereavement, with discretion to extend in more difficult circumstances. Some employers distinguish between immediate family and wider relatives. The right number depends on the size of the business, the sector, and what feels fair. Consistency matters more than the specific figure.
Q Who counts as a dependant?
For the statutory right to emergency time off, a dependant typically means a spouse, civil partner, child, parent, or someone who lives in the same household other than as a tenant or lodger. It can also include anyone who reasonably relies on the employee for care. Employer policies often go wider, including siblings, grandparents, or long-term partners, and it is sensible to spell this out.
Q Can an employer refuse a compassionate leave request?
An employer cannot refuse the statutory right to reasonable time off for a genuine emergency involving a dependant, nor refuse Parental Bereavement Leave where the conditions are met. Additional discretionary leave under a policy can be declined or limited, but decisions should be consistent and handled carefully. Refusing in a heavy-handed way risks grievances, constructive dismissal claims, or discrimination arguments.
Q How does compassionate leave interact with sick leave and holiday?
These are separate entitlements and should not be confused. If an employee becomes unwell as a result of grief, they may move onto sick leave with a fit note. If they want more time than the policy allows, they can ask to use annual leave. Well-drafted policies explain how the different types of leave sit alongside each other so nobody feels pushed into the wrong category.
Q Do small employers need a written compassionate leave policy?
There is no legal obligation to have a written policy, but it is strongly advisable even for small businesses. A written policy means decisions get made consistently, expectations are clear, and managers have something to follow during difficult conversations. It also reduces the chance of disputes about what was promised. A short, clearly worded document is usually enough for a small team.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

Full profile →SRA register ↗
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.