Helping employees through bereavement

When an employee loses a loved one, it can be a traumatic time and also create sensitivities at work. Payroll specialist Nicola Cantrill discusses where an employer stands when a staff member goes through a bereavement.

Most people will experience the death of a person close to them during their working lives and each person will deal with it differently, so it is important for an employer to be sensitive and consider each individual's mental and physical wellbeing at every stage.

There are quite a few circumstances in which an employee would need bereavement leave or employer support. Below is a summary of the different situations you could find yourself in, with a link directing you to the sources for any further help.

Death of a child or dependant

Anyone classed as an employee has the right to time off if a 'dependant' or their child dies, or if they have a stillbirth. A dependant could be an employee's partner, parent, child (under 18) or someone else who relied on them.

In the tragic event of a child under the age of 18 dying – or a child being stillborn after 24 weeks of pregnancy – a member of staff is entitled to two weeks off. If this happens, the employee might be eligible for statutory 'parental bereavement pay'. This is the minimum amount employers must pay staff. The amount for tax year 2021-22 is £151.97 a week or 90% of average weekly earnings, whichever is lower.

I have added a link for further information on bereavement pay and eligibility.

https://www.acas.org.uk/time-off-for-bereavement/parental-bereavement-leave-pay

Time off for the death of a dependant

There is no legal right for paid time off if a dependant dies. It is down to the employer's discretion.

The law does not state how much leave can be taken; it states the amount should be 'reasonable.' This time would include arranging the funeral.

If an employee or their partner have a stillbirth or miscarriage

If a child is stillborn after 24 weeks of pregnancy the birth parent can get up to 52 weeks of statutory maternity leave or pay and their partner can get two weeks' paternity leave or pay.

They are both entitled to two weeks' bereavement leave after they finish their maternity or paternity leave.

If the stillbirth is within the first 24 weeks of the pregnancy, there is no entitlement, but the employer should still consider offering time off.

Time off for a funeral

An employee has the right to time off for a funeral if the person who has died was a dependant.

There is no legal right for this to be paid time off. It is at the employer's discretion whether to pay or not.

If time off is not paid, the employee and employer could agree to time off taken as annual leave or unpaid leave.

Pay during bereavement leave

There is no legal right to paid time off for bereavement, unless someone is eligible for parental bereavement pay when a child dies.

Many employers choose to pay during bereavement leave. The amount they pay is down to the employer's discretion which will be in the employee's contract.

Employers and employees can agree for the time to be taken off as sick leave, holiday or unpaid leave.

If the person who died was not a child or dependant

There is no legal right to time off in these circumstances. Regardless of whether an employee has the right to time off, the employer should always be compassionate to the employee who has suffered a loss.

If you have a bereavement policy, it should say:

• When leave for bereavement could apply
• How much leave your workplace provides
• Whether leave is paid and the amount an employee would receive

If you have no policy, time off for bereavement can be treated as sick pay or holiday leave, depending on the individual circumstances. The employer and employee should discuss the options.

A link to help employers support employees.

https://www.acas.org.uk/time-off-for-bereavement/supporting-an-employee-after-a-death

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