When can you take bereavement leave?

In the UK, you have the right to time off work when a dependant dies. A dependant means: Your partner, civil partner or spouse, your parents, your children, a person you live with, anyone who would rely on you for help in an emergency such as an elderly neighbour or anyone who would rely on you for care arrangements such as a grandchild.

What bereavement leave do you get if you’ve lost a child?

If you lose a child you’re entitled to 2 weeks off. This is called parental bereavement leave. It applies if: Your child is under the age of 18 when they pass away or your child is stillborn after 24 weeks of pregnancy. During this time parents are entitled to something called Statutory Parental Bereavement Pay (SPBP) from the government. You can find out more about that here: Statutory Parental Bereavement Pay (SPBP). When a child is stillborn after 24 weeks of pregnancy, the birth parent is entitled to up to 52 weeks of statutory maternity leave or pay. And the father or partner can receive up to 2 weeks paternity leave or pay.

Do you get paid for bereavement leave?

This is actually down to your employer. Your pay while on leave will come down to your company’s bereavement policy and what’s in your employee contract. Your employer might pay you for your time off or offer partial pay (depending on how long you are off for). But they don’t have to. It can also depend on the relationship between you and the person who’s passed away. If an employer won’t pay you for your time off you might be eligible for Statutory Sick Pay (SSP). This may apply to you if your doctor says you are ‘unfit for work’ due to the bereavement.

Can I use bereavement leave for a funeral?

You’re entitled to time off to attend a funeral if the person who passed away was your dependant. If they weren’t a dependant then you may not be entitled to bereavement leave or compassionate leave. But your employer may offer you the time off. In this case they aren’t legally required to pay you for the time off. But check this with your employer. It depends on their bereavement leave policy and ultimately what they think is reasonable.

Bereavement leave in the UK: everything you need to know

Q: Do employers have to give bereavement leave?

No, it’s not a legal requirement. But the Employment Rights Act 1999 does give you the right to time off work to deal with an emergency. This includes the death of a dependant.

Q: Can an employer refuse bereavement leave?

In principle they can refuse to give you any bereavement leave. But all employers should be considerate of an individual’s personal circumstances and allow a reasonable amount of leave. If your employer refuses to give you bereavement leave, you can request time off in the form of unpaid leave, annual leave or an agreement with your employer to work back the time. If this request is refused by your employer you may want to seek further advice. The independent advisors at ACAS have a helpline where you can talk through your options.

If you’ve lost a loved one, you may need to take some time off work. This could be to grieve, or to carry out more practical tasks like registering the death and planning a funeral. Whether you’re entitled to bereavement leave will depend on the relationship you had with the person who’s passed away, as well as your workplace’s own bereavement policies. You can read more about this below.

What is bereavement leave?

Bereavement leave is time taken off work to cope with a loss. There are some situations where your employer is legally required to give you bereavement leave. But most employers in the UK will also have their own bereavement leave policies that allow for time off work when you lose someone close to you. You can usually find this in your work contract, company handbook, or by asking a member of HR or management.

Bereavement leave vs compassionate leave

You might be wondering, what’s the difference between bereavement leave and compassionate leave? Some people use the two terms interchangeably. But they’re not actually the same thing. Bereavement leave is when you’re given time off work following the death of someone close to you. Compassionate leave could cover this. But it can also cover other situations where you might need time off, such as visiting a loved one in hospital, or taking care of someone who’s unwell.

Statutory bereavement leave

By law, your employer must give you 2 weeks off work if your child dies before they turn 18, or if you have a stillbirth after 24 weeks of pregnancy. It’s important to know that your employment rights stay the same when you take leave and that the leave shouldn’t be taken from your holiday allowance.

If you meet the requirements, you may be entitled to both parental bereavement leave and statutory parental bereavement pay.

Parental bereavement leave

If you’re entitled to parental bereavement leave, you can take 2 weeks’ leave for each child who has died or was stillborn. These 2 weeks can be taken together or separately.

The leave can start on or after the date of the death or stillbirth and must finish within 56 weeks of the date of the death or stillbirth. This allows for delayed grief. So if you feel okay returning to work at first, but find you need to take time off later down the line, this is completely fine.

Remember

A week is the same number of days you’d usually work in a week. So if you usually work 5 days, a week will cover 5 days. If you usually work 3 days, a week will cover 3 days.

Statutory parental bereavement pay

If you’re entitled to statutory parental bereavement pay, your bereavement leave entitlement will be £172.48 a week or 90% of your average weekly earnings – whichever is the lower amount. It will be paid in the same way as your usual wages, alongside tax and national insurance deductions.

You can find out what statutory bereavement leave you’re entitled to and learn more on the Gov website.

Who else can I take bereavement leave for?

If a different relation has passed away, you might be wondering if you can take bereavement leave to grieve them. The Employment Rights Act 1999 says that you can take ‘a reasonable amount of time’ off work to deal with emergencies and issues relating to dependants. “Dependents” include:

Your partner, civil partner, or spouse

Your parents
Your children
A person you live with
Anyone who would rely on you for help in an emergency such as elderly neighbour
Anyone who would rely on you for care arrangements such as a grandchild.

This means that you aren’t usually entitled to bereavement leave for a grandparent unless your grandparent was living with you when they passed away. You also aren’t usually entitled to bereavement leave for in-laws, such as a mother-in-law or father-in-law. However, you may be entitled to time off to support your partner through this type of family emergency.

If you are entitled to take bereavement leave under the terms of this employment act, it’s also important to bear in mind that your employer doesn’t have to pay you for this time off.

Do employers have to give bereavement leave?

In the UK, your employer doesn’t have to give you bereavement leave unless you’re entitled to parental bereavement leave, or you’re protected by the terms of the Employment Rights Act of 1999.

However, most employers are understanding. As we mentioned earlier, most will have their own bereavement leave policies in place to help when you lose someone like a grandparent or friend.

Can an employer refuse bereavement leave?

Your employer doesn’t legally have to give you time off unless you’re entitled to parental bereavement leave, or the terms set out in the Employment Rights Act of 1999 apply to you.

If your employer refuses to give you bereavement leave, you can request time off in the form of unpaid leave, annual leave, or an agreement with your employer to work back the time. If your employer refuses this request, you may want to seek further advice. The independent advisors at ACAS have a helpline where you can talk through your options.

How many days bereavement leave will I get?

How long is bereavement leave? In the UK there are no set guidelines about how much time you can take off after the death of a dependant. It’s actually up to your employer. They’ll usually put this info in a bereavement leave policy.

Most employers will give you some level of compassionate leave for a bereavement. Typically, it’ll be around 2-5 days. But it’ll vary from company to company. And it’ll also depend on your relationship to the person who’s passed away.

How to ask for bereavement leave in the UK

Most workplaces will have framework and policies in place to help you during times like this. So don’t worry too much about what needs to happen at work when you’ve lost a loved one.

Take a moment to let someone at work know what’s happened. Ideally this will be your manager or HR. You might find it easier to send an email or message than to make a call. You may also want to mention whether you’d like to share what’s happened with the wider team, or whether you’d rather keep things private.

Your workplace might then check in with you at intervals to see how you’re getting on. It’s a good idea to let them know how’s best to contact you during this time. Beyond this, try to put work out of your mind. You’ll be able to pick anything else back up when you return to work.

Do I need proof for bereavement leave?

This will depend on your company’s bereavement leave policy or what they think is reasonable. If your employer requires proof they should make it as easy as possible for you. They could ask for a funeral notice or simply ask for the details of the person who passed away. They’ll understand that it’s an uncomfortable situation. And it’s not your first priority. So if you do have to give them proof then they may ask you to do this on your return to work.

Can I use compassionate leave for a funeral?

You’re entitled to time off to attend a funeral if the person who passed away was your dependant. If they weren’t a dependant, then you may not be entitled to bereavement leave or compassionate leave.

Can an employer deny time off for a funeral?

Most employers will allow you to take time off to attend a funeral. You’ll be able to find out whether this time off will be paid or unpaid by looking at your company’s bereavement leave policy, asking HR or asking management.

If your employer refuses time off for a funeral, you may need to use annual leave, ask for unpaid leave, or come to an agreement where you’ll make the time back up.

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