Compassionate leave is paid or unpaid time off granted to employees when they face a personal crisis involving the serious illness, injury or death of a close family member. It also covers situations where an employee must deal with an immediate family emergency. While not always a statutory entitlement in every jurisdiction, compassionate leave is widely recognised as a standard workplace benefit and is often mandated or strongly encouraged by employment law.
Key Takeaways
- Compassionate leave covers bereavement, serious illness of a family member and personal emergencies
- In the UK, there is no statutory right to paid compassionate leave, but most employers offer it as a policy
- In Australia, two days of paid personal/carer’s leave per occasion is common for compassionate situations
What Is Compassionate Leave?
Compassionate leave is a form of absence that allows an employee to take time away from work to attend to urgent personal matters involving family members or close relations. The most common trigger is bereavement, but compassionate leave also applies when a family member is seriously ill or hospitalised, when an employee must travel to be with a dying relative, or when an unexpected personal emergency occurs.
The distinction between compassionate leave and other forms of leave is important. Compassionate leave is typically short-term and granted on an ad hoc basis, unlike annual leave which is planned. It differs from carer’s leave in that it responds to a sudden crisis rather than ongoing caring responsibilities. The key characteristic is urgency — the employee needs to be away from work immediately and cannot wait for a planned absence.
In many jurisdictions, employers are not legally required to provide paid compassionate leave beyond existing personal leave entitlements, but there is a strong expectation that employers will do so. Failure to grant reasonable compassionate leave can damage employee morale, increase turnover and expose employers to reputational risk.
Who Is Eligible for Compassionate Leave?
Eligibility depends on the employer’s policy and the applicable employment legislation in each jurisdiction.
United Kingdom
There is no statutory right to paid compassionate leave in the UK. However, most employers provide between one and five days of paid compassionate leave as part of their contractual or discretionary benefits. The Employment Rights Act 1996 allows employees to take “reasonable” unpaid time off for family emergencies under Section 57A, but this applies only to dependants and is unpaid. The definition of dependant includes a spouse, partner, child, parent, or someone who relies on the employee for care.
Australia
Under the Fair Work Act 2009, full-time employees accrue 10 days of paid personal/carer’s leave per year. Two days of paid compassionate leave can be taken on each occasion when a member of the employee’s immediate family or household is seriously ill, injured or dies. This is an automatic entitlement under the National Employment Standards and cannot be taken away by contract. Casual employees are entitled to two days of unpaid compassionate leave per occasion.
United States
In the US, there is no federal requirement for paid compassionate leave. The FMLA provides up to 12 weeks of unpaid leave for qualifying family and medical reasons, which can include the serious health condition of a family member. Many employers offer bereavement leave as a voluntary benefit, typically ranging from three to five paid days.
Compassionate Leave Entitlements by Country
| Country | Statutory Entitlement | Pay | Key Detail |
|---|---|---|---|
| UK | Unpaid time off for dependant emergencies under ERA 1996 | Most employers offer 1-5 days paid | No statutory right to paid compassionate leave |
| AU | 2 days paid personal/carer’s leave per occasion | Paid at full rate | Casual employees get 2 days unpaid |
| US | FMLA provides up to 12 weeks unpaid | No federal paid requirement | Many employers offer 3-5 days voluntary bereavement pay |
How to Request Compassionate Leave
Employees requesting compassionate leave should follow a simple notification process.
- Contact the employer immediately — inform your manager or HR as soon as possible. Most employers accept notification by phone, email or message.
- State the reason briefly — employees do not need to provide detailed personal information, but should explain the nature of the emergency.
- Provide an expected return date — if known. If the situation is uncertain, communicate that and provide updates.
- Submit supporting documentation — employers may request a death certificate, medical letter or other evidence upon return.
- Use available leave entitlements first — in some cases, employees may be asked to use annual leave or personal leave before accessing separate compassionate leave.
Employer Obligations for Compassionate Leave
Employers should approach compassionate leave with flexibility and empathy.
- Respond quickly — compassionate leave requests are urgent and should be approved without unnecessary delay or bureaucracy
- Follow the policy consistently — apply the compassionate leave policy evenly across the organisation to avoid discrimination claims
- Offer paid leave where possible — even if not legally required, paid compassionate leave is a significant retention tool
- Allow extensions — if the situation extends beyond the initial grant, be willing to discuss additional leave
- Maintain confidentiality — handle compassionate leave information with sensitivity and limit disclosure to those who need to know
Common Mistakes
- Requiring detailed personal information or proof of bereavement before granting initial leave
- Applying absence triggers to compassionate leave absences, which can lead to discrimination claims
- Limiting compassionate leave to immediate family only, ignoring the reality of chosen family and close relationships
- Failing to update compassionate leave policies to reflect changing social norms around family structures
- Treating compassionate leave as a subset of annual leave rather than a separate entitlement
FAQ
What is compassionate leave?
Compassionate leave is time off work for employees dealing with the serious illness, injury or death of a close family member, or a personal emergency involving a dependant. It is typically short-term and granted on an ad hoc basis.
Is compassionate leave paid in the UK?
There is no statutory requirement for UK employers to pay during compassionate leave, but most employers offer between one and five days of paid leave as a matter of policy. The Employment Rights Act 1996 allows unpaid time off for dependant emergencies.
How many days of compassionate leave can I take?
This depends on the employer’s policy and the jurisdiction. In Australia, two days of paid compassionate leave is the standard entitlement per occasion. In the UK and US, it varies by employer, typically ranging from one to five days.
Does compassionate leave cover the death of a friend?
In most jurisdictions, compassionate leave is limited to family members, dependants and members of the same household. However, some progressive employers extend compassionate leave to close friends and chosen family. Check your employer’s policy for specifics.
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