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Bereavement Leave: How You Can Support Your Employees

With us fast approaching National Grief Awareness Week (2nd-8th December 2024) it is important to raise awareness about grief, provide support to those employees who are grieving, and understand we are approaching a time of year which is very difficult for some. 

There are different forms of bereavement leave. Here we will explore what you, as an employer, should consider in those situations where the person who has died was not a child or dependant of the employee. 

What are my obligations?

If an employee tells you about a bereavement, and the person who has died was not a child or dependant, then the employee has no legal right to time off. 

However, just because there is no specific legal right in this scenario, it does not prevent you as the employer from being compassionate towards an employee’s individual situation.

Should I have a bereavement leave policy?

If you already have a bereavement leave policy you should follow it in terms of consistently applying any criteria that is set out or required, whilst also considering any situation on a case-by-case basis and taking into account any specific or particular need of the employee. 

Your policy may state when this leave could apply, how many days this leave is for and whether it is paid or unpaid. It is important for all employers to be mindful of the wider implications of a bereavement leave policy and consult with their HR Consultant to ensure these wider obligations are met. 

Regardless of whether or not a policy is in place, it is important to consider custom and practice in your workplace and what you have offered employees previously in terms of ensuring a fair and consistent approach. 

What steps should I take as an employer?

You should have a meeting with the employee to discuss what type of leave could be available, explore options and consider if they will be offered leave which is paid or unpaid. Remember that the person who has died may not have been a biological family member, but the employee could have had an equally important and impactful personal relationship with them. 

Am I legally obliged to give time off for funerals?

If an employee tells you about a bereavement and the person who has died was not a child or dependant, then there is no legal right to time off for the employee to attend a funeral. 

Our advice would be for any employer to be compassionate and explore how the employee’s attendance at the funeral could be facilitated. If you do not and have not offer/offered paid time off for a funeral, the employee and employer could agree on using other leave such as leave from their annual entitlement or agree to unpaid leave. 

What about my employee’s wellbeing – how can I support them?

No two experiences of bereavement are the same, and it can have a varying level of impact on employees.

You should ensure the correct level of support is in place. If you have Mental Health First Aid trained colleagues then the offer of support meetings during working hours can help the affected employee, together with bereavement leave and time off to attend the funeral. 

With National Grief Awareness Week highlighting issues surrounding grief and bereavement throughout December, there are a number of charities and sources of further information available; employees can be signposted towards these, depending on their personal circumstances. 

If you believe that you have a scenario which may involve the need to consider bereavement leave for an employee where the person who has died was not a child or dependant of the employee, or you have any questions about this topic, please do not hesitate to contact us and we will be able to assist you. 

Have questions or need assistance? Reach out to us at hr@skaltd.co.uk and #oneoftheteam will be here to help.

Disclaimer

The information and any commentary contained within these updates are for general information purposes only and do not constitute legal or any other type of professional advice. Stallard Kane does not accept and, to the extent permitted by law, exclude liability to any person for any loss which may arise from relying upon or otherwise using the information contained in these blogs. If you have a particular query or issue, you are strongly advised to obtain specific, personal advice about your issue and not to rely solely on the information or comments in these updates.
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