What Does Compassionate Leave Mean?

Compassionate leave is an area of the working world that is sadly unavoidable. As a business owner, you’re going to run into situations where your employees are faced with emergencies and distress, and how you handle these situations will directly feed into the dynamics and harmony of your company culture. At the same time, anything that goes on at work will still have to be approached with your business in mind; getting that balance right is crucial. With this in mind, here’s everything you need to know about compassionate leave.

Compassionate Leave Policy

What Does Compassionate Leave Mean?

Compassionate leave, sometimes referred to as bereavement leave or family leave, is a workplace policy that allows employees to take time off in the case of personal or family emergencies. These ‘emergencies’ will typically be related to illness, injury, mental health, or death.

The time off gives employees the chance to mentally digest whatever might be going on in their lives, as well as attend to any pressing matters without worrying about their job security. It acknowledges the importance of continuously supporting employees both in and out of work, helping them to feel valued, understood, and cared for by their place of work.

Compassionate Leave Entitlement

Entitlement to compassionate leave will vary widely among different organisations and the areas they’re in. Eligible situations will usually come under the umbrella of emergency or crises, whatever that may be, and it’s the responsibility of the employer to make sure they are providing compassionate leave as and when their employees need it.

Legalities of Compassionate Leave

How Many Days Compassionate Leave is an Employee Allowed?

The number of days of compassionate leave an employee is entitled to will vary significantly depending on the specific company policy. Although there is no legal right to paid leave (unless someone is eligible for parental bereavement pay when a child dies) it is typical that anywhere from three to five days of paid leave is the standard for a family emergency, such as a death or serious illness of a loved one.

Some companies might choose to extend this for more severe situations, or if additional time is required for the employee to travel or possibly make funeral arrangements.

It’s essential for employees to familiarise themselves with their place of work’s policy on compassionate leave, ideally before they even join as a team member, in order to ensure they are happy with the outcome should an emergency occur.

Is Compassionate Leave Paid?

Depending on the specific policies of the business in question and the nature of the employee’s particular situation, compassionate leave can be paid or unpaid. Some employers will offer paid leave as a standard, while others may allow employees to use their holiday or sick days.

Because of the level of disparity between organisations when it comes to compassionate leave, it’s important for both the employer and employee to consult the employment contract and make sure they’re both happy with the outcome. The terms and conditions should be outlined there.

Compassionate Leave for a Funeral

What’s the Difference Between Compassionate Leave and Bereavement Leave?

These two terms are often used interchangeably, but there can be differences in their exact meaning depending on the individual policies of the organisation and any laws and regulations in that particular region.

Bereavement leave generally refers to time off granted to employees following the death of a dependent i.e. child, close family member, such as a spouse or parent. The definition of compassionate leave is a little broader, encompassing a wider range of situations that may not be related to death, such as illness, injury, or other emergencies.

When the Right to Compassionate Leave Doesn’t Apply

Compassionate leave is a crucial component of any good working environment, but there will be some instances where the policy does not apply. As there is such room for disparity from business to business with compassionate leave, the times when the right to leave is not apparent will differ between organisations also.

If an employee emergency does not meet the specific eligibility criteria outlined in the company policy, this will be a situation where compassionate leave doesn’t apply.

Similarly, if the employee fails to follow the proper notification procedures outlined in the policy, employers may have the right to refuse their leave, even if the emergency situation does qualify for it. This is why it’s so crucial for employers to map out their policy from the get go, to ensure there is no confusion or potential for disagreement down the line.

In some jurisdictions or industries where there are strict and stringent regulations, compassionate leave may also not be legally mandated or provided. Employers should consult the legalities in their area surrounding compassionate leave to ensure they understand the circumstances under which leave may or may not be granted and plan their policy accordingly, checking that it absolutely aligns with any relevant laws and regulations.

How to Create a Compassionate Leave Policy

Creating a proper compassionate leave policy is essential for ensuring legal compliance, avoiding miscommunications, and fostering a positive and respectful workplace culture. If you’re an employer looking to create an effective leave policy for your team, here’s what to keep in mind.

Set Clear Definitions of Emergency Cases

Start by clearly outlining and defining the exact situations that qualify for compassionate leave, such as the death or serious illness of an employee’s family member or loved one. Remember, emergencies can extend to other instances also, such as cases of domestic violence or dealing with mental health issues.

Consider the eligibility criteria, including who is considered an immediate family member (for example, will your policy include the loved ones of a spouse?), and how much notice employees must provide when requesting compassionate leave.

Duration & Terms

Once you’ve outlined the qualifying terms of emergency, you can then define the duration and terms of compassionate leave. This will include the number of days an employee is allowed to take off, and whether the leave will be paid or unpaid.

The terms should also consider factors such as flexibility options – can employees use their holiday or sick days to supplement their compassionate leave? Take your time going through these choices, reflecting on the kind of company culture you want to foster, and the steps you’ll take to manage and cope in situations where employees might suddenly have to take their leave.

Communication

The compassionate leave policy of any organisation must be communicated clearly and effectively to all employees. This includes how to request leave, who in the company to notify, and any necessary documentation that will be required to take their leave.

Managers and HR staff should also be trained to handle compassionate leave requests sensitively and confidentially, as this will play a significant role in how the employee feels during the process of taking their leave.

If you’re an employer or business owner wondering how best to approach compassionate leave at your place of work, The HR Department is here to help. We have worked with thousands of SMEs and managers to help them navigate the intricacies of employment law and foster the kind of workplace they want for their employees. Reach out today to find out more about how we can support you in handling compassionate leave.