Leave and pay when someone dies
Most people will experience the death of a person close to them during their working lives. There are different options for taking time off work after a death.
Grief is a natural response people have when they experience a death. It can affect someone in several ways and can impact on their ability to do their work.
Everyone experiences grief differently. It's important for employers to:
- be sensitive to what each person might need at the time
- consider the person's physical and emotional wellbeing
- recognise that grief is not a linear process – there is no right or wrong way to grieve and it can affect people at different times following a death
Someone taking time off work might need to use a mix of different types of leave.
If you'd prefer to talk to someone about the different options for leave and pay, you can contact the Acas helpline.
The right to time off
Anyone with the legal status of employee has a legal right to time off if:
- a 'dependant' dies
- their child is stillborn or dies under the age of 18
Someone is not likely to be an employee if they're:
- an agency worker
- a casual worker
- on a zero-hours contract
If someone does not have this legal right, their employer should still support them as much as they can. This could include agreeing another type of time off work.
Check your bereavement policy
If your organisation has a bereavement policy, it should say:
- when leave for bereavement could apply
- how much leave your organisation provides
- if leave is paid, and the amount of pay
This might be called compassionate leave, bereavement leave or special leave.
If there's no policy
If there's no policy, an employer can still choose to give someone time off. They should discuss together:
- what type of leave for bereavement is available
- how much time off is available
- whether the leave will be paid or unpaid
The time off could be treated as sick leave, or if the employee requests, could be taken as holiday.
Employers should:
- be consistent and clear with the approach they take
- confirm any decisions in writing
Find out more about having a bereavement policy
Time off for dependants
An employee has the right to 'statutory time off for dependants' if a dependant dies.
A dependant could be:
- their husband, wife, civil partner or partner
- their child
- their parent
- a person who lives in their household (not tenants, lodgers or people who work for them)
- a person who relies on them, such as an elderly neighbour
There's no legal right for time off for dependants to be paid. But some employers might offer pay. Employers and employees should check the employee's contract or the organisation's policy.
How much leave someone can take
The law on time off for dependants does not say how much time off someone can take. It says the amount should be 'reasonable'.
Time off for dependants is for dealing with unexpected issues and emergencies involving the dependant. This includes leave to arrange or attend a funeral.
Find out more about time off for dependants
If an employee's child dies
Employees have a right to 2 weeks off if their child dies under the age of 18. They might also have the right to time off if they have a pregnancy loss. The time off is called parental bereavement leave. It's also known as 'Jack's Law'.
Find out more about the right to time off if an employee's child dies
Bereaved partner's paternity leave
Bereaved partner's paternity leave allows some fathers and partners time off work, if their partner dies. Eligible parents can take up to 52 weeks' leave. It can be used within the first year of a child's birth or adoption.
Find out more about bereaved partner's paternity leave
If the person who died was not a child or dependant
There's no legal right to time off in these circumstances.
However, employers should be compassionate towards a person's individual situation. They might have been very close to the person who died. This can include situations where there's no biological or legal connection, for example if a friend dies.
Time off for a funeral
An employee has the right to time off for a funeral if the person who died was a dependant.
There's no legal right to time off for a funeral if the person who died was not a dependant. However, an employer can choose to offer time off. This time off might be called compassionate leave or special leave.
In all circumstances there's no legal right for this time off to be paid. But some employers might offer pay. Employers and employees should check the employee's contract or organisation's policy.
If their organisation does not offer paid time off for a funeral, other options include:
- paid holiday entitlement (annual leave)
- unpaid leave
Employers should not discriminate when deciding on time off. For example, not allowing someone to attend a religious ceremony after a death could be religion or belief discrimination.
If there's a stillbirth or miscarriage
If a child is stillborn after 24 weeks of pregnancy, eligible parents are still entitled to maternity or paternity leave.
They can also get 2 weeks of parental bereavement leave or pay.
If a miscarriage happens in the first 24 weeks of pregnancy, there's no entitlement to maternity, paternity or parental bereavement leave. However, an employer should still consider offering time off.
Read more about:
Pay during bereavement
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.
There are exceptions for agricultural workers – contact the Acas helpline to find out more.
Many employers choose to offer pay during bereavement. An employer might call this compassionate leave, bereavement leave or special paid leave.
The amount an employer offers may depend on organisation policy or someone's contract of employment. If someone is not sure, they should talk to their employer or manager. Both should check the worker's contract if they have one.
The employer and worker could agree for time off to be taken as:
- sick leave
- paid holiday entitlement (annual leave)
- unpaid leave
Anyone taking sick leave or holiday should get their usual sick pay or holiday pay.