Leave and Pay When Someone Dies

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Most people will experience the death of a person close to them during their working lives.

Grief is a natural response people have when they experience a death (a bereavement). It can affect someone in several ways and can impact on their ability to do their work.

If you have experienced the death of a person close to you, or you’re supporting an employee through a bereavement, you might be experiencing a range of emotions that are having an impact on your work.

ACAS has put together some good and helpful advice and support

The right to time off

Anyone legally classed as an employee has the right to time off if:

  • a ‘dependant’ dies
  • their child is stillborn or dies under the age of 18

If an employee’s dependant dies

Anyone legally classed as an employee has the right to time off 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 employees)
  • 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 can be taken

The law does not say how much time can be taken off if a dependant who is not someone’s child dies. It simply says the amount should be ‘reasonable’.

This time off is for dealing with unexpected issues and emergencies involving the dependant, including leave to arrange or attend a funeral.

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’, ‘bereavement’ or ‘special’ leave.

View Acas’s bereavement policy template

If there’s no policy

Employers should discuss with the employee:

  • 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 to supporting employees and confirm any decisions with their employees in writing.

Find out more about the benefits of a bereavement policy

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 your organisation might offer time off. This time off might be called ‘compassionate leave’ or ‘special leave’.

More information and advice can be found at the ACAS website here

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