Creating a Compassionate Leave Policy (UK)

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

At Genie AI, we understand the importance of having a compassionate leave policy in place. It is a legal necessity for employers to consider the wellbeing of their staff and provide them with the necessary support when dealing with difficult personal or family circumstances; having an effective compassionate leave policy in place is key to meeting this obligation.

Not only can it provide employees with peace of mind that their employer will understand and support them during difficult times, but it can also help employers to retain staff and maintain morale. Most importantly, it ensures that employees are taken care of and that businesses remain legally compliant.

The value of a compassionate leave policy should not be overlooked - it can have a significant impact on both employee wellbeing and overall business productivity. By taking the time to create this policy, employers can ensure that their staff feel supported at all times, no matter what challenges they face in their personal lives.

That’s why at Genie AI we have created the world’s largest open source legal template library - millions of datapoints teaching our AI what a market-standard compassionate leave policy looks like. We hope this helps anyone to draft and customise high quality legal documents without needing to involve costly lawyers or delay processes due to lack of expertise - though we advise checking your local employment laws as regulations may differ per region/country/state.

We want everyone who needs access to these templates - whether you need assistance creating one from scratch, adapting an existing template or just want some guidance getting started - feel free to read on below for our step-by-step guidance or take advantage of our community template library today; no Genie AI account required!

Definitions (feel free to skip)

Compassionate Leave: Paid or unpaid leave taken by an employee to address an unexpected personal or family crisis.
Employment Rights Act 1996: UK law that outlines the rights of employees to take time off for certain reasons, including compassionate leave.
Working Time Regulations 1998: UK law that sets out the rights of employees to take time off for certain reasons, including compassionate leave.
Employment Relations Act 1999: UK law that outlines the rights of employees to take time off for certain reasons, including compassionate leave.
Criteria: Standards or conditions that must be met in order to be eligible for compassionate leave.
Communication Plan: Outline of how a compassionate leave policy will be communicated to employees.
Documentation: Formalization of a compassionate leave policy in a written document.
Procedure: Steps an employee must take to make a compassionate leave request.
Dispute Resolution: Process to resolve any disputes that arise in relation to compassionate leave requests.
Audit: Review of a compassionate leave policy to ensure it is compliant with relevant UK employment legislation and fair.
Review: Examination of a compassionate leave policy to ensure it is up to date and fair.
Evaluate: Assessment of the impact of a compassionate leave policy and any changes that could be made.

Contents

• Defining compassionate leave: What is compassionate leave and why is it important?
• Establishing the policy
• Researching relevant legislation: What UK legislation applies to compassionate leave and how does it affect the policy?
• Outlining the policy: Drafting and finalizing the policy, ensuring it meets legal requirements, and any other considerations.
• Communicating the policy
• Developing the communication plan: How to effectively communicate the policy to employees, including any restrictions or guidelines.
• Distributing the policy: Ensuring the policy is distributed to all employees.
• Determining eligibility
• Establishing criteria: Criteria to be used to determine who is eligible for compassionate leave in the UK.
• Documenting the criteria: Formalizing the criteria in a document.
• Requesting compassionate leave
• Documenting the procedure: Outlining the procedure for employees to make a compassionate leave request.
• Disseminating the procedure: Sharing the request procedure with employees.
• Handling compassionate leave requests
• Reviewing the requests: How to review compassionate leave requests, including any dispute resolution.
• Documenting the decisions: Documenting the decisions made in relation to the requests.
• Tracking compassionate leave
• Developing a system: Establishing a system to track and monitor compassionate leave requests and absences.
• Implementing the system: Putting the system into practice.
• Auditing the policy: How to audit the policy to ensure it is compliant with legislation and fair.
• Reviewing the policy: How to review the policy to ensure it is fair and up to date.
• Evaluating the policy: Assessing the impact of the policy and any changes that could be made.

Get started

Defining compassionate leave: What is compassionate leave and why is it important?

• Learn what compassionate leave is and why it’s important by researching UK employment law.
• Consider the reasons why a compassionate leave policy is important for employers and employees.
• Understand the different types of compassionate leave and the legislation that governs them.
• When you have researched and understood the importance of compassionate leave and the legal framework surrounding it, you can check this step off your list.

Establishing the policy

• Draft the compassionate leave policy and make sure it complies with UK legislation
• Outline who is eligible for compassionate leave and the length of time they can take off
• Set out the conditions, procedures and documentation required for taking compassionate leave
• Include any other relevant details such as the process for cancelling or changing compassionate leave time
• Make the policy easily accessible and make sure that everyone in the organisation knows about it
• Once the policy is finalised, communicate it to the whole organisation and ensure that everyone is aware of it
• You know you can check this step off your list when you have a finalised compassionate leave policy in place and everyone in the organisation is aware of it.

Researching relevant legislation: What UK legislation applies to compassionate leave and how does it affect the policy?

• Research the Employment Rights Act 1996, which covers compassionate leave for close family members
• Read up on the Working Time Regulations 1998, which sets out the legal right to 28 days of paid holiday
• Consider the General Data Protection Regulation (GDPR) and the Data Protection Act 2018, which deals with the storing of employee data
• Read up on any other relevant UK employment legislation that may affect the policy you’re creating
• Once you have a good understanding of the UK legislation relevant to compassionate leave, you can move on to the next step.

Outlining the policy: Drafting and finalizing the policy, ensuring it meets legal requirements, and any other considerations.

• Review any existing policies and procedures to ensure that the new policy does not conflict
• Draft the policy document and review it for compliance with relevant UK legislation
• Take into account other considerations that may apply such as company culture, employee preferences and other regulations
• Finalize the policy and ensure that it is clear, concise and meets all legal requirements
• Make sure to include a clear explanation of the process and procedure for requesting compassionate leave
• Have the policy reviewed and approved by the relevant stakeholders
• Publish the policy and communicate it to all employees

Once the policy is drafted, finalized, reviewed and approved, and published and communicated to employees, this step will be complete and you can move on to the next step.

Communicating the policy

• Develop a communication plan that outlines how the compassionate leave policy will be communicated to employees, including any restrictions or guidelines
• Decide how the policy will be communicated - via email, intranet, notice boards, newsletters, or other methods
• Make sure you have a strategy for communicating the policy to all employees, including those who are working remotely or part-time
• Set a timeline for when the policy should be communicated to employees
• Consider the language used to communicate the policy - make sure it is clear and easy to understand
• Develop a plan for how you will collect feedback from employees and address any questions or concerns
• When all employees have been communicated the policy and had the chance to provide feedback, the step can be marked as complete.

Developing the communication plan: How to effectively communicate the policy to employees, including any restrictions or guidelines.

• Create a communication plan that outlines how and when you will communicate the compassionate leave policy to employees.
• Ensure the communication plan is clear and concise, and specifies any restrictions or guidelines that apply.
• Consider how you will communicate the policy to employees in multiple locations and in different languages (if applicable).
• Consider how you will communicate the policy to new employees who join after it’s implemented.
• When you have developed the communication plan, you can check this off your list and move on to the next step.

Distributing the policy: Ensuring the policy is distributed to all employees.

• Create a document detailing the Compassionate Leave Policy (UK) and make sure it is up to date with any legal requirements.
• Make the document available electronically and in hard copy, depending on the company preference.
• Ensure that all employees have access to the document, either through their work computer, email or in paper form.
• Make sure any updates to the policy are sent to all employees.
• Ensure any questions or queries about the policy are answered in a timely manner.

Once you have distributed the policy and made sure all employees are aware of it, you can move on to the next step of determining eligibility.

Determining eligibility

• Assess which employees are eligible for compassionate leave in the UK
• Determine which employees are eligible based on their current employment status and the type of leave they are requesting
• Consider any relevant UK labor laws and regulations which might affect compassionate leave eligibility
• Make sure to document who is eligible and the conditions of their eligibility
• When you have finalized the criteria for eligibility, you can check this step off your list and move on to the next step.

Establishing criteria: Criteria to be used to determine who is eligible for compassionate leave in the UK.

• Consult relevant legislation to determine what is considered a valid reason to qualify for compassionate leave, such as bereavement, family illness or injury, or a serious accident.
• Consider what documents you may need to require from employees to prove their eligibility, such as a doctor’s note or death certificate.
• Decide whether there will be any restrictions on the number of days or hours of compassionate leave an employee can take.
• Decide how much (if any) pay employees will receive while on compassionate leave.
• Determine if employees will be able to take consecutive days of leave or if they will be required to return to work in between days.

When you can check this off your list and move on to the next step:

• Once you have determined the criteria to be used to determine who is eligible for compassionate leave in the UK, you can move on to documenting the criteria in a formal document.

Documenting the criteria: Formalizing the criteria in a document.

• Draft a document outlining the criteria for eligibility of compassionate leave in the UK
• Detail the circumstances which may qualify for compassionate leave
• Include the process for requesting compassionate leave
• Outline the length of leave and any exceptions
• Ensure the criteria is clear and concise
• Make sure the document is in accordance with current UK legislation
• Have the document reviewed and approved by the relevant authority
• Once the document has been approved, make it available to all staff
• Check that all staff have read and understood the criteria
• You’ll know this step is complete when the document has been approved and made available to all staff.

Requesting compassionate leave

• Allow employees to make compassionate leave requests verbally or in writing
• Ensure that employees are aware of the criteria for compassionate leave and the procedure for making a request
• Allow for flexibility in requests and provide an understanding environment for employees
• Provide a timeframe for employees to respond to a compassionate leave request
• When the compassionate leave request is received, process it in a timely manner
• When the compassionate leave request is approved, communicate this to the employee
• When the compassionate leave request is denied, communicate this to the employee

Once you have allowed employees to make requests, ensured they are aware of the criteria and procedure, and provided a timeframe for employees to respond, you can check this step off your list and move on to the next step: Documenting the procedure.

Documenting the procedure: Outlining the procedure for employees to make a compassionate leave request.

• Establish a standard form for employees to fill out when requesting compassionate leave
• Include details such as the employee’s name, contact details, reason for the leave, and how long the leave will last
• Create a system for employees to submit requests, such as through an online form or via email
• Develop a procedure to review requests in a timely manner
• Establish guidelines for approving and denying requests, such as a minimum amount of notice required to make a request
• When a request is approved, create a notification system to inform the employee of the approved leave

You can check this step off your list and move on to the next step when you have created the standard form for employees to fill out when requesting compassionate leave, developed a system for employees to submit requests, established guidelines for approving and denying requests, and created a notification system to inform the employee of the approved leave.

Disseminating the procedure: Sharing the request procedure with employees.

• Create a written document outlining the compassionate leave policy and procedure that all employees will have access to.
• Share the document with all employees, making sure they understand and are aware of the procedure they need to follow when requesting compassionate leave.
• Make sure all employees acknowledge that they have read and understood the policy, either by signing a document or electronically.
• Check that the document is easy to access and that all employees are aware of where to find it.
• When you have confirmed that all employees have read and understood the compassionate leave policy and procedure, you can check this off your list and move on to the next step.

Handling compassionate leave requests

• Create a system for handling compassionate leave requests, such as an online form or email submission.
• Set out the criteria for assessing compassionate leave requests, such as the type of emergency, the employee’s relationship to the affected person, and how long the employee will be absent.
• Train relevant staff on how to receive and assess compassionate leave requests.
• Establish a timeframe for responding to compassionate leave requests and ensure employees are aware of this.
• When a compassionate leave request is approved, make sure the employee is aware of their rights and responsibilities, including any pay they may be entitled to.

Once the system for handling compassionate leave requests is in place, you can check this step off your list and move on to the next step - reviewing the requests.

Reviewing the requests: How to review compassionate leave requests, including any dispute resolution.

• Gather all the necessary documents from the employee (proof of the emergency, such as a death certificate)
• Review the request and the supporting documents
• Give the employee a decision in writing, taking into account any family-related leave regulations and company policies
• In the case of a dispute, use an impartial third-party to help mediate between the employee and the employer
• Document all decisions made in the employee’s file for future reference
• Follow up with the employee to ensure that the leave is taken in accordance with any restrictions
• Check off this step from your list and move on to the next step of documenting the decisions.

Documenting the decisions: Documenting the decisions made in relation to the requests.

• Make sure all decisions are recorded in writing, including the reasons for the decision
• Keep a copy of the decision and any associated documents in the employee’s personnel file
• Make sure that the employee is made aware of the decision in writing
• Ensure that the employee is able to appeal the decision if they wish
• Once the decision has been made and communicated, the process is complete and you can move on to tracking compassionate leave.

Tracking compassionate leave

• Set up an internal system to record requests for compassionate leave
• Consider using a spreadsheet or database software to track requests
• Ensure that the system can monitor the number of days taken, the reason for the leave, and whether the employee is eligible for a return to work
• Establish a process for monitoring and reviewing leave requests
• Ensure that the system has the capability to generate reports
• Once the system is established, you’ll know that you can check this off your list and move on to the next step.

Developing a system: Establishing a system to track and monitor compassionate leave requests and absences.

• Design a system or use an existing system that allows you to track requests for compassionate leave and absences.
• Decide who will have access to the system, and the roles and responsibilities of the users.
• Identify the information that will be recorded, and the fields that need to be filled.
• Set up the system, and make sure it is secure and compliant with data protection laws.
• Test the system to ensure it is working properly and reliably.
• When the system is up and running, you can check this off your list and move on to the next step.

Implementing the system: Putting the system into practice.

• Notify employees of the compassionate leave policy.
• Ensure employees know how to access the compassionate leave policy and how to make requests.
• Train managers and employees on the policy and procedures.
• Set up a system to track compassionate leave requests and absences.
• Utilize an online system if possible to manage requests and absences efficiently.
• Implement a system of checks and balances to ensure fairness and compliance with the policy.
• Monitor the policy’s effectiveness and make adjustments if necessary.

How you’ll know when you can check this off your list and move on to the next step:

• All employees have been notified and trained on the policy and procedures.
• A system has been set up to track requests and absences.
• Checks and balances have been implemented to ensure fairness and compliance with the policy.

Auditing the policy: How to audit the policy to ensure it is compliant with legislation and fair.

• Research the applicable legislation: Review all of the relevant legislation to make sure your policy is in compliance.
• Consult with relevant parties: Speak to experts, stakeholders, and other interested parties to check for any additional requirements for the policy.
• Check for fairness: Make sure that the policy is fair to all employees, regardless of their circumstances.
• Review the policy against legislation and fairness: Compare the policy against the legislation and the opinions of stakeholders to ensure that the policy is compliant and fair.
• Ensure the policy is up to date: Check that the policy reflects any recent changes in legislation or opinion.
• Make any necessary changes to the policy: Amend the policy to make sure it meets the requirements of relevant legislation and stakeholders.
• How you’ll know when you can check this off your list and move on to the next step: Once you have researched the applicable legislation, consulted with relevant parties, reviewed the policy against legislation and fairness, and made any necessary changes to the policy, you can be confident that the policy is compliant with the law and fair.

Reviewing the policy: How to review the policy to ensure it is fair and up to date.

• Read the policy thoroughly and ensure it is up to date with the current legislation.
• Check the policy is fair and reasonable to all employees, including those with disabilities and/or particular needs.
• Ensure the policy is in line with the company’s values and objectives.
• Check the policy is clear, concise and easy to understand.
• Ensure the policy is tailored to the needs of the business and its employees.
• Consider the impact of the policy on employees and the business.
• Ask for feedback from relevant stakeholders.

You’ll know when you can check this off your list and move on to the next step when you have read the policy thoroughly and ensured it is up to date with the current legislation, fair and reasonable to all employees, in line with the company’s values and objectives, clear, concise and easy to understand, tailored to the needs of the business and its employees, considered the impact of the policy on employees and the business, and obtained feedback from relevant stakeholders.

Evaluating the policy: Assessing the impact of the policy and any changes that could be made.

• Analyse the impact of the policy and any associated changes on the organisation
• Review feedback from staff on the policy
• Assess the legal implications of the policy and any changes
• Consider any potential risks associated with the policy and any changes
• Review the policy periodically to ensure it is still meeting the organisation’s needs
• Make adjustments to the policy as necessary

Once you have completed these steps, you can mark this step off your list and move on to the next one.

FAQ:

Q: How does a compassionate leave policy differ in the UK compared to other countries?

Asked by Owen on April 17th, 2022.
A: Compassionate leave policies differ depending on the country in question. For example, in the UK, an employee may be entitled to a reasonable amount of unpaid leave to deal with an illness or bereavement in the family. This type of leave is generally not available in other countries such as the United States, where employees do not have the same rights to unpaid leave. However, some employers may offer similar provisions in their company policies. It’s important to understand the local laws for your jurisdiction and how they apply to compassionate leave policies.

Q: What types of compassionate leave policies exist for businesses in the UK?

Asked by Emma on June 8th, 2022.
A: In the UK, there are various types of compassionate leave policies available to businesses. These typically include bereavement leave, parental bereavement leave, compassionate care leave, and emergency time off work due to family circumstances. Bereavement leave is a set period of time off work when an employee has suffered a bereavement in their immediate family. Parental bereavement leave allows employees to take two weeks of paid or unpaid leave when a child dies. Compassionate care leave allows employees to take time off work if they need to care for a relative or close family member who is seriously ill or injured. Emergency time off work due to family circumstances allows employees to take reasonable time off work if necessary due to unexpected events or circumstances that occur within their immediate family.

Q: Are there any special considerations I should be aware of when creating a compassionate leave policy for my business?

Asked by Jack on December 13th, 2022.
A: Yes, there are many special considerations to be aware of when creating a compassionate leave policy for your business. For example, you should ensure that your policy is compliant with local employment laws and regulations regarding employee rights and entitlements. Additionally, you should consider the needs and preferences of your employees in order to ensure that your policy is fair and equitable. You should also ensure that your policy provides sufficient time off work for employees who need it and that it clearly outlines any additional benefits that may be provided such as pay or other types of support. Finally, you should review your policy regularly and update it as needed in order to keep it up-to-date with changing legislation and employee needs.

Q: What happens if an employee requests compassionate leave but does not meet the criteria outlined in my business’s policy?

Asked by Abigail on February 14th, 2022.
A: If an employee requests compassionate leave but does not meet the criteria outlined in your business’s policy, then you should assess their situation on a case-by-case basis in order to determine whether or not their request is reasonable and appropriate given the circumstances. Depending on the situation, you may choose to provide them with some sort of alternative arrangement such as modified working hours or paid administrative leave instead of granting them unpaid compassionate leave. Additionally, you should always ensure that any decision made is compliant with local employment laws and regulations regarding employee rights and entitlements.

Q: Does my business have any legal obligations concerning compassionate leave?

Asked by William on August 5th, 2022.
A: Yes, businesses have certain legal obligations concerning compassionate leave in the UK. The law states that employers must allow employees reasonable unpaid time off work when they suffer illness or bereavement within their immediate family or when providing care for another family member who is seriously ill or injured. Additionally, employers must take into account any existing company policies regarding matters such as pay during periods of absence and other forms of support for affected employees when making decisions concerning compassionate leave requests. Employers must also ensure that any decisions made are compliant with local employment laws and regulations regarding employee rights and entitlements.

Q: Are there any additional benefits I can offer employees who take part in my business’s compassionate leave policy?

Asked by Isabella on December 31st, 2022.
A: Yes, there are several additional benefits you can offer employees who take part in your business’s compassionate leave policy beyond simply providing them with time off work when necessary due to illness or bereavement in their immediate family or when providing care for another family member who is seriously ill or injured. For example, you could offer paid administrative leave during periods of absence due to illness or bereavement so that affected employees can continue receiving a salary while still taking time off work as needed. Additionally, you could provide additional forms of support such as counselling services or financial assistance during difficult times for affected employees and their families.

Example dispute

Suing for Violation of Compassionate Leave Policy

• Plaintiff must prove that the employer violated a compassionate leave policy in place for the employee.
• The employer must provide evidence that the employee was informed of the policy and provided with the necessary documentation to apply for the leave.
• The employer must also provide evidence that the leave was denied for a legitimate reason, or that it was not processed in a timely manner.
• If the plaintiff is successful, they may be entitled to damages for the time that was missed, the emotional distress caused by the violation of the policy, and any other losses that may have been suffered as a result of the violation.
• It is important to note that the amount of damages awarded may be subject to negotiation between the parties and may depend on the specific facts of the case.
• Settlement of the case may also be possible, allowing the parties to avoid the costs and time involved in a lengthy court battle.

Templates available (free to use)

Compassionate Leave Policy Bereavement Or Serious Illness

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