FUNERALS | Are employees entitled to time off?

In the event an employee suffers bereavement, employers need to handle the situation with care and sensitivity.

At times like this, the employee may ask for some time off. Although employees do not have a statutory right to take paid time off work to arrange and attend a funeral, they may be entitled to unpaid time off.

Time off for dependants

Under the Employment Rights Act, employees have the right to take a reasonable amount of unpaid time off to deal with emergencies and unforeseen matters involving a dependant. The law states that an employee is entitled to be allowed time off by their employer during the employee’s working hours to take necessary action as a result of a death of a dependant

A dependant could be a spouse or civil partner, child, parent or person who lives in the same household of the employee (this does not apply to tenants or lodgers). The employee must inform you as soon as reasonably practicable of the reason for the time off and of how long they expect to be away from the workplace.

When deciding how much time to allow off, it will depend on the individual circumstances. It could be a few hours or a couple of days.  They should be granted a reasonable amount of time to arrange and attend the funeral, but the right does not extend to a right to compassionate or bereavement leave.

Bereavement policy

Many employers will have a bereavement or compassionate leave policy in their Employee Handbook. Each employer has its own set of rules, but some may choose to exercise their discretion to allow reasonable time off to attend a funeral. They may decide what is ‘reasonable’ on a case by case basis, taking into account the circumstances and the relationship the employee had with the individual. It is up to the employer whether this time off will be paid or unpaid. An Employment Law expert will be able to discuss this in more depth.

Employees’ religious beliefs

Many religions and faiths have different practices and customs, for example, mourning at home following a death. Employers should try and accommodate these requests where it is practical and reasonable to do so and should only say no if there are genuine business reasons to justify the refusal.  

Funerals abroad

Some employees may need to travel abroad to attend a funeral and if possible, you should accommodate this. You may ask them to take annual leave or unpaid leave to cover the whole trip.

Remember

When your employee is going through this difficult time, a sympathetic approach is recommended. Try and be flexible and ensure that they are adequately supported. To discuss this further, contact your Employment Law expert for guidance.

Director of Legal Services

James Tamm

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