There is no general statutory right to paid compassionate leave in the UK. Employers can offer it through a contract, handbook or discretionary policy. Some situations may instead trigger a statutory right, such as time off for dependants or parental bereavement leave, so managers should check the reason before deciding.
What compassionate leave means
Compassionate leave is time off given to an employee because something serious has happened in their personal life. In practice, employers use the phrase for bereavement, serious illness of a close family member, emergency caring responsibilities, traumatic incidents, or other situations where it would be unreasonable to expect the employee to work normally.
The important point for UK employers is that compassionate leave is not one single statutory entitlement. It is usually a workplace policy. But some situations that feel like compassionate leave are actually covered by specific legal rights.
The legal position in the UK
GOV.UK explains that compassionate leave can be paid or unpaid and that employees should check their employment contract, company handbook or intranet. That means there is no default legal rule saying every employee must receive paid compassionate leave for every bereavement or family emergency.
However, employees may have other rights. For example, time off for dependants gives employees a day-one right to a reasonable amount of unpaid time off to deal with an unexpected emergency involving a dependant. Parental bereavement leave applies when an employee loses a child under 18 or has a stillbirth after 24 weeks of pregnancy. Bereaved Partner's Paternity Leave applies in specific circumstances where the mother or primary adopter dies in the child's first year.
| Situation | Likely route | Paid by law? | Employer action |
|---|---|---|---|
| Employee's parent dies | Compassionate leave policy | No, unless policy says so | Apply policy and consider discretion |
| Child under 18 dies | Parental bereavement leave | Pay may apply if eligible | Check statutory eligibility and notice |
| Dependant has sudden emergency | Time off for dependants | No | Allow reasonable unpaid emergency time |
| Planned hospital appointment for child | Usually not dependant emergency leave | No | Consider annual leave, unpaid parental leave or flexibility |
| Mother or primary adopter dies in first year | Bereaved Partner's Paternity Leave | No statutory pay by default | Check entitlement and record separately |
Does compassionate leave have to be paid?
No, not unless your contract or policy promises pay. Many employers still choose to pay compassionate leave because the human and cultural cost of unpaid bereavement leave can be higher than the wage cost of a few days' support.
A sensible SME policy might offer a small guaranteed paid entitlement for close family bereavement, with manager discretion for other situations. That gives staff confidence while keeping enough flexibility for unusual cases.
How to design a fair compassionate leave policy
Define who is covered
Avoid an overly rigid family list. Include immediate family, partners, people living in the same household and anyone for whom the employee has significant caring responsibility.
Separate paid entitlement from discretion
Set a normal paid amount, then give managers discretion to approve extra paid or unpaid time where the circumstances justify it.
Connect it to statutory rights
Explain when managers should use time off for dependants, parental bereavement leave, unpaid parental leave or annual leave instead.
Record the leave consistently
Track compassionate leave separately from annual leave and sickness absence. Do not quietly deduct it from holiday unless the employee specifically requests annual leave.
Compassionate leave vs time off for dependants
This is where employers often get tangled. Time off for dependants is for an unexpected emergency. It is unpaid by law and there is no fixed limit on how many times it can be taken, but the time must be reasonable in the circumstances. It is normally about dealing with the immediate emergency, not providing long-term care.
Compassionate leave is broader and more values-led. It is the employer saying: this situation is serious enough that we will support time away from work, even where the law does not prescribe a specific entitlement.
How bereavement fits in
The death of a child is not just a discretionary compassionate leave issue. Parental bereavement leave gives eligible employees up to 2 weeks' leave if their child dies under 18 or is stillborn after 24 weeks of pregnancy. Leave is a day-one right, and statutory parental bereavement pay may be available where the pay eligibility tests are met.
The Employment Rights Act also establishes a new wider unpaid bereavement leave right, including pregnancy loss before 24 weeks, with further regulations expected. Until that wider entitlement is fully in force, employers should still make a clear policy decision rather than leaving managers to improvise during highly sensitive conversations.
Sample compassionate leave policy wording
Manager checklist
- Ask what support the employee needs, not just how many days they want.
- Check whether a statutory right applies before treating the request as discretionary.
- Do not ask for intrusive evidence unless it is necessary and proportionate.
- Record the leave type accurately so annual leave balances are not distorted.
- Agree how and when the employee wants to stay in touch.
- Consider a phased return, temporary flexibility or signposting to support where appropriate.
If the request does not fit a statutory leave right, use a clear unpaid leave policy template so managers know when unpaid time off can be approved, refused and recorded.