Understand leave and pay when taking time off for dependants

We all face moments in life when family or loved ones need us urgently, and balancing these responsibilities with work can be challenging. Compassionate leave allows employees to take time off for unexpected, often stressful, situations involving those who depend on them. Let's explore what compassionate leave covers, how it differs from bereavement leave, and the rights and resources available for employees during challenging times.

What is compassionate leave?

Compassionate leave is time off that allows employees to handle unexpected personal situations involving close family members or dependants who need urgent support.

Whether it's supporting a family member through a sudden illness, managing an unexpected emergency, or navigating a time of crisis, compassionate leave helps ensure that work doesn't add to the stress of an already difficult time.

Unlike annual leave or sick leave, compassionate leave is specifically intended for family emergencies.

What's the difference between compassionate leave and bereavement leave?

Both compassionate leave and bereavement leave give employees time off to handle significant personal situations. However, they serve slightly different purposes.

Compassionate leave covers a range of family-related emergencies, such as when a loved one is seriously ill, allowing the employee to be there for them. It's designed for times when support is urgently needed, but the nature of the situation may not involve bereavement.

On the other hand, bereavement leave is specifically for employees who have experienced the loss of a family member or dependant. The leave is dedicated to giving individuals the time and space they need to grieve and manage the immediate responsibilities that come with the death of a loved one.

Who qualifies as a dependant?

Under UK law, employees have the right to take time off to deal with emergencies involving a dependant. Generally, the following individuals are considered dependants:

  • A spouse or partner

  • A child or grandchild

  • A parent

  • Anyone living in your household as part of the family, such as a relative who shares your home

  • Someone outside your household who depends on your care, such as an elderly neighbour

While compassionate leave allows you to respond to the needs of a dependant in a crisis, it's essential to confirm with your employer's policies, as some workplaces may have specific guidelines around who qualifies.

What does the law say about compassionate leave?

In the UK, employees have a right to take time off for dependants when an emergency arises, giving them space to handle unexpected situations without fear of work penalties. 

How long can you take compassionate leave?

There's no legal requirement for this leave to last a set amount of time; the length of leave typically depends on what's considered “reasonable” and is agreed upon with your employer.

Is compassionate leave paid?

Companies are also not legally required to pay employees on compassionate leave. While the law provides a foundation for emergency leave, many companies go a step further by offering additional compassionate leave or pay as a supportive measure. This can vary by employer, so it's always worth checking your company's policies or your employment contract.

What situations qualify as an emergency?

An emergency is any sudden, unexpected situation involving someone who relies on your help or care. The right to time off for dependants can apply in various circumstances, such as:

When a dependant is unwell: Covers unexpected illness or worsening of a condition, whether physical or mental, that requires immediate support.

If a dependant has been injured or assaulted: Applies if a loved one is hurt or has experienced a distressing event, even if they aren't physically injured but need comfort or care.

Supporting a dependant during childbirth: Allows time off when a close family member or dependant is giving birth, though ongoing care after birth may fall under parental leave.

Responding to urgent incidents involving your child at school: For unexpected school-related situations, like injuries, distress, or sudden disciplinary issues involving your child.

When a dependant dies: Time off to arrange and attend a funeral, with the duration depending on employer agreement, especially for overseas services.

When the right to time off doesn't apply

Compassionate leave is meant for unexpected emergencies involving a dependant, so it won't cover every personal situation. 

Issues like home repair or pet care, for example, don't qualify, nor does helping someone who isn't a dependant, such as taking a friend to the hospital. That said, your employer may still approve leave or allow you to use annual leave.

Since compassionate leave is for emergencies, it won't apply to planned events. For example, if you need time off to take your child to a scheduled appointment, this usually requires booking annual leave or parental leave instead.

Alternative leave and support options

If compassionate leave isn't applicable, other forms of leave and resources might be helpful:

Sick leave: When you or a dependant are unwell and require medical attention, sick leave can provide the time you need without relying on compassionate leave.

Personal leave or annual leave: If the situation doesn't qualify as an emergency, using personal or annual leave may be an option for planned events or less urgent needs.

Parental leave: For those with young children, parental leave can be used for scheduled needs, like medical appointments or school commitments, especially when advance notice is possible.

Flexible working arrangements: If you frequently need time to handle personal responsibilities, exploring remote work or adjusted hours could be a more sustainable solution.

In addition, many employers offer resources to support employees during challenging times. For example, employee assistance programs (EAPs) provide confidential support for various personal and family issues, from mental health to legal advice, which can be particularly helpful during difficult times.

How to request compassionate leave – top tips

When a family emergency arises, taking compassionate leave can help you be there for those who need you. Here's how to navigate the process:

Notify your employer as soon as possible

Depending on company policy, this could be as simple as a phone call or may require a formal request. 

Remember, a dependant typically includes close family members, partners, or those who rely on you in an emergency. If the emergency includes anyone else, such as a grandparent or best friend, you may not qualify for compassionate leave.

Be ready to agree on a “reasonable” leave duration

There's no set duration for compassionate leave, so the length of time you can take will often depend on company policy and the nature of the emergency. Employers usually aim to provide a “reasonable” amount of time based on your needs.

Manage pay expectations for compassionate leave

While compassionate leave is often unpaid, some employers offer paid leave as a supportive measure. Checking your company's policies or employment contract will clarify whether paid time off is available.

What to do if you encounter problems

If your employer denies you reasonable time off for an emergency involving a dependant or penalises you for taking it, you have options. You can file a complaint with an Industrial Tribunal to help resolve the issue. If your complaint is successful, the tribunal may award compensation or even help with re-employment or reinstatement.

Looking for a job that has better employee benefits and leave policies? Submit your CV for a free review to ensure it captures the attention of your prospective employer.

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