In times of personal crisis or family emergencies, needing time away from work is not just understandable, it’s often essential. As an employee in the UK, you may find yourself wondering what your rights are, particularly regarding compassionate leave. One of the most common and crucial questions is: is compassionate leave paid?
The answer isn’t as straightforward as many hope. While some employers offer generous support, others may not provide paid leave at all.
Understanding how compassionate leave works in the UK and what your employer’s responsibilities are can help you navigate such difficult periods more confidently and clearly.
In this blog, we’ll guide you through everything you need to know, from the legal context to employer policies, your options, and best practices.
What is Compassionate Leave and How Does It Work Under UK Employment Law?
Compassionate leave refers to time off from work granted to employees dealing with significant personal issues or family-related emergencies.
This type of leave is typically associated with events such as:
- The death or serious illness of a close family member
- A mental or physical health crisis affecting a dependant
- Disruption in regular care arrangements
- An emergency involving a child at school or nursery
It’s often confused with bereavement leave, which is more narrowly defined and usually refers specifically to time taken off after the death of someone close to you.
Bereavement Leave vs. Compassionate Leave
| Type of Leave | Trigger Event | Legal Right? | Paid or Unpaid? |
| Bereavement Leave | Death of a close family member | Not statutory (except for parental bereavement) | Depends on employer policy |
| Compassionate Leave | Broader emergencies incl. illness, care disruption, trauma | Not statutory | Employer discretion |
| Parental Bereavement Leave | Death or stillbirth of a child | Statutory right (2 weeks) | May be paid depending on eligibility |
The key takeaway is that compassionate leave is not defined by law. However, you may have the right to unpaid time off under “time off for dependants”, a provision under the Employment Rights Act 1996.
Is Compassionate Leave a Legal Entitlement in the UK or Based on Company Policy?
There is no automatic legal entitlement to compassionate leave in the UK, especially if you are looking for paid time off. Instead, your right to take leave in such situations depends on two main factors:
- Employment legislation
- Your employer’s internal policies
Time Off for Dependants
Under the Employment Rights Act 1996, you’re entitled to take a reasonable amount of unpaid time off to deal with an emergency involving a dependant.
A dependant could be:
- Your spouse or civil partner
- Your child
- Your parent or grandparent
- Someone who relies on you for care (e.g., a flatmate with a disability)
This legal protection applies to emergencies only and does not mandate paid leave. It also doesn’t set a fixed duration, leaving it to be interpreted as what’s “reasonable” for the given situation.
Employer Policies Vary
Since there is no universal statutory framework for compassionate leave, most companies establish their own internal compassionate leave policies. These policies determine:
- Whether leave is paid or unpaid
- How long leave can last
- What situations qualify
- Whether supporting documentation is required
This is why reviewing your employment contract, staff handbook, or company intranet is essential.
Is compassionate leave paid in the UK?
The short answer is no, compassionate leave is not automatically paid in the UK. Whether or not you receive pay during compassionate leave depends entirely on your employer’s specific policy.
Some organisations, particularly larger employers or those in the public sector, offer paid compassionate leave as part of their employee wellbeing strategy. Others may offer unpaid leave, or allow you to use your holiday entitlement to cover the absence.
Understanding Your Options:
| Scenario | Pay Status | Action You Can Take |
| Employer offers paid compassionate leave | Paid | Follow internal policy procedures |
| Employer offers unpaid compassionate leave | Unpaid | Request annual leave or unpaid leave |
| No compassionate leave policy | Not entitled | Discuss alternatives or apply for annual leave |
Employers are encouraged to treat employees fairly and compassionately, but there’s no legal obligation to offer paid compassionate leave unless stipulated in your contract or policy.
What Should a Compassionate Leave Policy Include in the UK Workplace?
Having a clear and consistent compassionate leave policy not only supports employees during difficult times but also helps employers handle requests fairly and in line with best HR practices. A well-structured compassionate leave policy should include:
Eligibility Criteria
Define who qualifies for compassionate leave. This typically includes employees dealing with:
- The death or serious illness of a close relative
- Mental health crises in the family
- Disruptions in dependent care (e.g., school closure, illness)
Application Process
Outline how employees should request leave, including:
- Whom to contact
- Whether the request should be in writing
- Expected response time
Leave Duration and Frequency
Specify how long employees can be away, such as:
- 3–5 working days for bereavement
- Case-by-case for emergencies
Also clarify how often leave can be taken within a given period.
Payment Conditions
Clearly state:
- Whether compassionate leave is paid or unpaid
- If pay varies by situation
- Whether unused annual leave can be used as an alternative
Confidentiality and Support
Include clauses to reassure employees that:
- Their personal situations will be treated sensitively
- HR support or employee assistance programmes (EAPs) are available
By incorporating these elements, employers can ensure their compassionate leave policy is both supportive and practical, fostering a workplace culture built on empathy, fairness, and trust.
How Much Compassionate Leave Can You Take in the UK?
There is no legally fixed amount of time for compassionate leave in the UK. However, many employers use the following benchmarks as part of their compassionate leave policy:
| Situation | Typical Leave Duration |
| Death of immediate family member | 3–5 working days |
| Serious illness or injury of a dependant | 1–3 working days or case-based |
| Funeral attendance abroad | Up to 1 week (policy-dependent) |
The actual duration depends on several factors:
- The nature of the emergency
- Your relationship to the dependant
- Your employer’s internal policy
- Prior leave history
It’s essential to communicate openly with your employer and provide as much context as possible.
Who Qualifies as a Dependant for Compassionate Leave or Time Off?
Understanding who counts as a dependant under UK law is key to determining whether you’re entitled to time off under the time off for dependants rule.
Recognised Dependants Include
- Spouse or civil partner
- Children (biological, stepchildren, adopted)
- Parents or grandparents
- Anyone living in your household (excluding tenants or lodgers)
- Anyone who relies on you for care in a personal capacity
Emergency Scenarios May Include
- A dependant falls seriously ill or is injured
- Childcare arrangements fall through unexpectedly
- A child is involved in a school-related incident
- A dependant experiences a mental health crisis
In each case, the law allows a reasonable amount of time off, but again, without pay unless otherwise agreed.
What Are Your Options if Your Compassionate Leave is Unpaid or Refused?
If your compassionate leave is not paid, or not granted, you still have several avenues to explore.
- Request Paid Annual Leave
You can ask to use your holiday entitlement to cover the absence. This allows you to still be paid while handling personal matters.
- Unpaid Leave Agreement
Some employers may allow you to take unpaid leave if compassionate leave isn’t part of your contract. This ensures you can deal with emergencies without risking your employment.
- Dispute or Escalation
If you believe you’re being treated unfairly:
- Speak with your line manager or HR department
- Seek advice from a trade union if applicable
- Contact Acas (Advisory, Conciliation and Arbitration Service) for legal guidance
If necessary, you may take your case to an employment tribunal, particularly if you feel discriminated against or unfairly dismissed for requesting leave.
How Should You Approach Your Employer About Compassionate Leave?
Navigating a leave request during a personal crisis is never easy, but being prepared and clear in your communication can help streamline the process.
Step-by-Step Approach
- Inform early: Notify your employer as soon as possible, even in emergencies.
- Briefly explain: Share only enough details to convey the seriousness.
- Check policy: Review your staff handbook or HR guidelines.
- Write a request if needed: Submit in writing for extended leave or as required.
- Be flexible: Consider using annual leave or unpaid leave if paid compassionate leave isn’t available.
Approaching your employer thoughtfully ensures your needs are understood while maintaining professionalism and fairness.
How Do UK Companies Typically Approach Compassionate Leave Policy?
Company approaches vary significantly across sectors and sizes, but trends show a growing emphasis on employee wellbeing and mental health support.
Trends in Employer Practices
- Public sector employers tend to have clearer policies and often offer paid compassionate leave
- Large private companies may include compassionate leave as part of their employee benefits package
- Small and medium-sized enterprises (SMEs) often deal with requests on a case-by-case basis
Role of HR Technology
Many businesses use HR software platforms like BreatheHR or ThanksBen to:
- Automate leave requests
- Track absence trends
- Manage documentation
- Ensure consistent application of compassionate leave policies
Organisations that proactively manage leave policies are more likely to build trust and improve employee retention.
Conclusion
While compassionate leave is not a legal right in the UK, you do have the ability to take unpaid time off for emergencies involving dependants. Whether or not that time is paid depends entirely on your employer’s compassionate leave policy.
To understand your entitlement, always refer to your contract, staff handbook, or HR department. If compassionate leave isn’t paid or formalised, you can explore options like annual leave or unpaid leave.
In moments of personal crisis, clear communication with your employer, understanding your rights, and being aware of company policies can make a difficult situation more manageable.
Employers who foster empathetic and transparent policies not only support their teams through challenging times but also build a more resilient and committed workforce.
Frequently Asked Questions
Can you use annual leave instead of compassionate leave in the UK?
Yes, you can request to use your paid holiday entitlement if compassionate leave is unpaid or not available under your employer’s policy.
Is there a legal maximum for how many times you can take compassionate leave?
No. There is no statutory limit on how many times you can take time off for dependants, but excessive absence may lead to performance discussions.
Are zero-hours or part-time workers eligible for compassionate leave?
Yes, if you’re classified as an employee. However, your eligibility and pay status will depend on your contract terms and employer policy.
Does compassionate leave affect your holiday entitlement?
No. Compassionate leave is typically separate from your annual leave unless you’ve chosen to use your holiday time to cover it.
Can your employer treat you unfairly for taking compassionate leave?
No. Under UK law, you are protected from unfair treatment or dismissal for exercising your right to emergency time off for dependants.
Can compassionate leave include mental health emergencies?
Yes, mental health crises involving a dependant can qualify under the umbrella of emergency or compassionate leave.
Are there differences between public and private sector compassionate leave policies?
Yes. Public sector organisations often have more formal and generous policies, while private employers may offer more varied approaches depending on resources and culture.
