What is compassionate leave in the UK and when can employees take it?

Compassionate leave is a vital component of a supportive workplace. Beyond empathy, it is a strategic necessity: research by the CIPD shows that 1 in 4 employees consider leaving their jobs due to poor support during difficult life events. Managing this effectively requires balancing statutory obligations with a culture that prioritises employee mental health.

It also plays a key role in creating a supportive workplace culture and maintaining employee trust. This article explains employee rights, legal requirements and how to create a fair compassionate leave policy.

What is compassionate leave?

Compassionate leave is time off granted to employees to deal with serious personal situations, such as the illness or death of a close family member.

Compassionate leave is a subset of absence management and is typically offered at the employer’s discretion, unless covered by specific statutory rights.

What situations qualify for compassionate leave?

Compassionate leave may be granted in situations such as:

• Bereavement of a close relative

• Serious illness or injury of a dependant

• Unexpected family emergencies

• Being a victim of crime or another traumatic situation

• Major life events requiring immediate attention

👉To note: Compassionate leave is often linked to emergency leave rights, but the exact scope depends on company policy.

When can employees take compassionate leave?

Employees can take compassionate leave when they face urgent or distressing personal circumstances involving dependants or close family members.

Under UK law, employees are entitled to reasonable unpaid time off for dependants in emergencies, such as illness, injury or unexpected incidents. This right applies only to unforeseen situations and typically covers short-term absence. Under the Employment Rights Act 1996, 'Time off for Dependants' is designed for responding to an immediate crisis (e.g., a child falling ill at school) to make alternative arrangements. It is not a statutory right to provide ongoing long-term care. For extended absences beyond the short-term emergency, employees may transition to annual leave or additional compassionate leave at the employer's discretion. Where the situation involves childcare, parental leave or carer's leave may also apply.

Employee rights are outlined on the GOV.UK website on time off for family and dependants.

How much compassionate leave are employees entitled to?

Employees are not entitled to a fixed amount of compassionate leave in most cases, as it is usually determined by employer policy, except where specific statutory rights apply.

Many UK employers offer:

• 3 to 5 days of paid leave for bereavement

• Additional unpaid leave where needed

• Flexibility depending on the situation

Statutory entitlements vary depending on the type of leave, as shown below:

👉To note: Employers should clearly define entitlements in their internal policies to avoid ambiguity.

How does compassionate leave differ from other types of leave?

Compassionate leave differs from other types of leave because it is a broader and often discretionary category.

Other types of leave are:

• Sick leave: When the employee is unwell.

• Annual leave: Planned time off for rest or holidays.

• Parental leave: Structured entitlement linked to childcare.

• Bereavement leave: A specific type of leave granted after the death of a relative, sometimes with statutory entitlement (e.g. parental bereavement leave).

👉To note: Bereavement leave is often included within compassionate leave policies, but some employers treat it as a separate entitlement and define a separate bereavement leave policy. 

What are the legal requirements for compassionate leave in the UK?

Legal requirements for compassionate leave in the UK are limited but include statutory rights and general employment law obligations.

• Time off for dependants: Employers must allow reasonable unpaid leave for emergencies involving dependants.

• Anti-discrimination considerations:. Under the Equality Act 2010, inconsistent approval of discretionary leave can lead to Employment Tribunal claims. For example, refusing leave to an employee caring for a disabled dependant while granting it to others could be flagged as indirect discrimination. Maintaining a clear, written policy is vital to provide 'objective justification' for all discretionary decisions.

• Record-keeping and payroll impact: Employers should keep accurate records of how much leave is taken and if any payments have been made for at least 3 years. Following a UK payroll checklist ensures compliance and avoids payroll discrepancies. When compassionate leave is unpaid, it can affect an employee's pensionable pay and National Insurance contributions. Employers must ensure these reductions are accurately reflected in the Full Payment Submission (FPS) to HMRC to maintain compliance and avoid pension discrepancies.

👉To note: Although there is no statutory right to compassionate leave in the UK, many employers offer it as part of their contractual benefits.

The Employment Rights Act 2025 introduces a new day-one statutory right to bereavement leave of at least one week, extending beyond Jack's Law to cover the death of other close relatives (ACAS). The right will be unpaid and is expected to come into force in 2027. Employers should review compassionate leave policies now to align with the new framework.

What are the best practices for creating a compassionate leave policy?

The best way to create a compassionate leave policy is to define clear company rules while maintaining flexibility and empathy. 

Your company’s compassionate leave policies should clearly outline who qualifies (e.g. immediate family, dependants) and what situations are covered. It should also include clear information about how to request leave, the approval process and any required documentation from employee. 

Every situation is unique, so your policies should allow for flexibility,  case-by-case decisions and additional leave where necessary.

Using a combined HR and payroll software can support compassionate leave management by ensuring accurate tracking, consistent application of policies and correct payroll processing.

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