When a close relative dies, a partner is diagnosed with a serious illness or a child is rushed to A&E, the last thing any employee wants to hunt through is the staff handbook. And yet, in the UK in 2026, statutory compassionate leave rules remain a patchwork: one narrow paid right for bereaved parents, a broader unpaid right for dependant emergencies, and everything else left to the employer. This guide maps what the law gives, what most employers add on top and what a modern compassionate leave policy should look like.
What the law guarantees — and what it doesn't
There is no general statutory right to paid compassionate leave in the UK. Two distinct statutory rights sit under the umbrella term, and employers frequently confuse them.
- Time off for dependants (Section 57A, Employment Rights Act 1996): unpaid emergency time off, available from day one, for a reasonable period to deal with an unexpected issue involving a dependant.
- Statutory Parental Bereavement Leave (Jack's Law): in force since April 2020, two weeks of paid leave for a parent who loses a child under 18, including stillbirth from 24 weeks of gestation. Since April 2024 this leave is a day-one right and the 56-week window to take it has been preserved.
Everything else — bereavement of a parent, sibling, partner or friend, serious illness of a family member, a funeral abroad — is discretionary unless the employer has chosen to codify it.
Who counts as a "dependant" under UK law
The Employment Rights Act deliberately uses a wide definition. A dependant can be:
- A spouse, civil partner, parent, child or anyone who lives in the employee's household as family (excluding tenants, lodgers or boarders).
- Any person who reasonably relies on the employee for care or to arrange care — which can include an elderly neighbour or a sibling living at a different address.
How long is reasonable?
For dependant emergency leave, the law uses the phrase "a reasonable amount of time". Case law and ACAS guidance treat one to two days as the normal starting point — long enough to put arrangements in place, not to provide ongoing care. Longer absence has to be covered by annual leave, unpaid leave, sick leave (if the employee is unwell) or a specific compassionate leave clause.
For parental bereavement, the entitlement is precisely two weeks, taken as one block of two weeks or two separate weeks, within 56 weeks of the loss.
What strong UK employers add to the statutory minimum
Benchmarking across FTSE 250 and mid-market UK HR policies shows a consistent pattern: the employer funds what the law does not, but does so with clear eligibility rules.
| Event | Statutory minimum | Typical employer policy |
|---|---|---|
| Death of a child under 18 | 2 weeks paid (Jack's Law) | 2–4 weeks fully paid |
| Death of a partner, parent or sibling | Unpaid dependant leave only | 5–10 working days fully paid |
| Death of a grandparent, in-law or close friend | No statutory right | 1–3 working days fully paid |
| Miscarriage before 24 weeks | No statutory right | Paid leave under a separate pregnancy loss policy (often 5–10 days) |
| Serious illness of a dependant | Unpaid emergency leave | Up to 5 days paid, then flexible working adjustments |
Requesting compassionate leave: a short script for employees
Most UK workplaces still treat compassionate leave as an informal conversation, so the first message to your manager sets the tone. Keep it brief and practical:
- Name the event and your relationship to the person without over-sharing.
- Propose an initial absence length — most policies expect a first estimate within 24 hours.
- Suggest a handover of the one or two items that cannot wait.
- Ask which policy applies: bereavement, dependant leave, pregnancy loss, or general compassionate leave.
Good managers follow up with a written confirmation covering dates, pay treatment, return-to-work date and any counselling or employee assistance programme support available.
Case study: a 400-person UK agency rewrites its policy
A 400-person UK marketing agency audited its compassionate leave policy after three separate cases in 2025 exposed inconsistencies — one bereaved partner received ten paid days, another received two. The new policy fixed eligibility at tiers (immediate family, wider family, close relationships), set paid amounts per tier, explicitly included pregnancy loss before 24 weeks, and trained all line managers on a single conversation script. Sickness absence in the 30 days after a bereavement dropped by 38% year-on-year, and staff survey scores on "my company cares" rose by 19 points.
What to do if your employer refuses
If you are refused dependant emergency leave or Jack's Law leave, the first step is a written grievance. If that fails, you can bring an Employment Tribunal claim within three months less one day of the refusal, via ACAS Early Conciliation. ACAS provides free support lines and a Code of Practice that tribunals take into account when judging whether the employer behaved reasonably.
Frequently asked questions
Is compassionate leave the same as bereavement leave?
No. Bereavement leave applies specifically to a death. Compassionate leave is a broader term covering serious illness, crises and other emergencies involving loved ones.
Does my employer have to pay me during compassionate leave?
Only in the case of Jack's Law (parental bereavement) and any specific paid provisions in your contract. Dependant emergency leave is unpaid by default.
Can I take compassionate leave for a pet?
There is no statutory right. A growing number of UK employers offer a paid day for pet bereavement as part of their wellbeing policy — check the employee handbook.
What happens if my manager says the team is too busy?
Dependant emergency leave is a legal right that cannot be refused for operational reasons. The employer can discuss timing for non-urgent leave but cannot withhold statutory entitlements.
Do zero-hours and agency workers get the same rights?
Dependant emergency leave applies to employees (not workers in the narrower sense). Since April 2024, Jack's Law applies from day one of employment. Agency workers on an umbrella contract typically qualify through their umbrella employer.
Conclusion
Compassionate leave in the UK is a narrow statutory floor with a very tall ceiling. Strong employers write clear, tiered policies that say what is paid, for whom and for how long — and train managers to apply them consistently. If you are reviewing your own employer's policy or looking for a role with a people-first handbook, you can filter UK employers who publish their benefits on ScrollJob UK.
