Compassionate Leave UK 2026: Rules, Rights & Best Practices
When an employee experiences the death of a loved one, a serious family illness, or another personal crisis, how your business responds matters enormously — both for the employee and for your reputation as an employer. Compassionate leave is one of the most human aspects of employment policy, and yet it's also one of the least clearly defined in UK law.
This guide explains what UK law actually requires, what the Employment Rights Act 2025 has changed, and how to build a compassionate leave policy that supports your people while protecting your business.
What Is Compassionate Leave?
Compassionate leave (sometimes called bereavement leave) is time off given to an employee due to the death or serious illness of a close family member or friend, or another significant personal crisis. It is distinct from:
- Annual leave — planned time off from the leave allowance
- Sick leave — absence due to the employee's own illness
- Emergency dependent leave — short-term unpaid leave for dependant care emergencies
What Does UK Law Require?
General Compassionate Leave: No Statutory Minimum
There is no statutory right to paid compassionate leave in the UK for the death of most family members. Employees have a right to "reasonable" unpaid time off to deal with emergencies involving dependants (under the Employment Rights Act 1996, Section 57A), but this is designed for short-term immediate action — arranging a funeral, for instance — not for a full bereavement period.
Whether an employee receives paid compassionate leave, and how much, is entirely at the employer's discretion — unless your employment contract states otherwise.
"There is no legal right to paid time off for bereavement. This is unless someone is eligible for parental bereavement pay when a child dies."
— ACAS: Bereavement and Compassionate Leave
Parental Bereavement Leave: Statutory Right
There is a statutory right to paid bereavement leave for one specific situation: the death of a child under 18, or a stillbirth after 24 weeks of pregnancy. This is governed by the Parental Bereavement Leave Regulations 2020.
Key features:
- 2 weeks of leave, taken as one block or two separate weeks
- Must be taken within 56 weeks of the death
- Statutory Parental Bereavement Pay: £194.32 per week (from April 2026) or 90% of average weekly earnings if lower, for employees with 26 weeks' continuous employment who earn at least £129 a week on average
- The leave is a day-one right with no qualifying period; the pay has the service and earnings conditions above
- Applies to parents, adoptive parents, and those in caring roles equivalent to a parent
Employment Rights Act 2025: Bereavement Leave Extension
The Employment Rights Act 2025 brings in a wider statutory right to bereavement leave, beyond the loss of a child, and including pregnancy loss. The government lists it among the measures taking effect in 2027. Who it covers and how long it lasts will be set out in regulations, so watch for the final details before you update your policy.
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How Much Compassionate Leave Should You Offer?
The law doesn't prescribe a minimum beyond parental bereavement, so it is worth setting your own out in a written policy. Practice varies; one simple framework looks like this:
- Death of spouse/civil partner/child: 5–10 days paid leave
- Death of parent or sibling: 3–5 days paid leave
- Death of close extended family (grandparents, in-laws): 1–3 days paid leave
- Death of a close friend: 1–2 days paid or discretionary unpaid
- Serious illness of a close family member: Discretionary, case-by-case
This is a guide only. Some employers — particularly those with family-friendly culture as a key value proposition — offer significantly more.
Other Situations That May Trigger Compassionate Leave
Compassionate leave isn't only for bereavement. Employers should consider how their policy handles:
- A family member receiving a critical or terminal diagnosis
- A child being taken into care or adoption proceedings
- A house fire or serious home emergency
- An employee being a victim of domestic violence or crime
- A serious accident or sudden hospitalisation of a dependent
Most policies use language like "other circumstances at manager discretion" to give flexibility without creating open-ended entitlements.
How to Write a Compassionate Leave Policy
A good compassionate leave policy should cover:
- What events are covered and who qualifies as a "close" family member
- How much paid leave is offered for each category
- Whether additional unpaid leave is available
- How to notify the employer and who approves it
- Whether evidence (e.g., death certificate) is required
- How the policy interacts with annual leave and sick leave
- The parental bereavement statutory entitlement for the loss of a child
The tone matters. A policy that feels cold or bureaucratic in the context of bereavement will cause real damage to employee morale, even if the entitlements are technically generous.
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Key Takeaways
- There is no general statutory right to paid compassionate leave in the UK
- Parents have a statutory right to 2 weeks' paid leave for the death of a child under 18
- The Employment Rights Act 2025 adds a wider right to bereavement leave, including pregnancy loss, listed for 2027
- Many employers offer a few days' paid leave for the death of a close family member as a matter of policy
- Keep compassionate leave separate from annual leave and sick leave in your records
- A warm, clearly written policy matters as much as the entitlement itself