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 2026 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's no statutory right to paid time off for bereavement (other than for the death of a child). Employers should have a compassionate leave policy to support employees."
— 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 paid leave, taken as one or two separate blocks
- Must be taken within 56 weeks of the death
- Paid at the statutory rate: £187.18 per week (2026 rate) or 90% of average weekly earnings if lower
- Day-one right — no qualifying period
- Applies to parents, adoptive parents, and those in caring roles equivalent to a parent
Employment Rights Act 2026: Bereavement Leave Extension
The Employment Rights Act 2026 is expected to introduce a broader statutory right to bereavement leave — not just for the loss of a child but for close family members including spouses, civil partners, and parents. Watch for implementation guidance from the government as regulations are finalised. At the time of writing, the specific scope and pay entitlement for the extended right had not yet been confirmed.
TimeTallyRecord Every Leave Type — Including Compassionate Leave
TimeTally supports custom leave types so you can track compassionate leave, bereavement leave, and other absences separately from annual leave.
Free for 14 days • No credit card required
How Much Compassionate Leave Should You Offer?
While the law doesn't prescribe a minimum (beyond parental bereavement), ACAS recommends employers have a clear policy and treats compassionate leave generously. Industry norms vary, but a commonly used framework looks like:
- 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. The Chartered Institute of Personnel and Development (CIPD) recommends at least 5 days for the death of a close family member, paid at full pay.
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.
TimeTallyManage All Absence Types in One Place
TimeTally gives you a complete view of who's in, who's off, and why — so you can support your team when it matters most.
Free for 14 days • No credit card required
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 2026 is extending statutory bereavement rights — watch for implementation dates
- Most employers offer 3–5 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