As an employer in Ireland, it’s important to familiarise yourself with the various types of leave to which your employees may be entitled, and may request, throughout the course of their employment.
One such entitlement is compassionate leave, which is usually granted in cases where a close relative of the employee has died or is critically ill.
What is compassionate leave?
Compassionate leave is paid or unpaid leave that is granted to an employee experiencing the illness, injury or death of a family member.
The terms ‘compassionate leave’ and ‘bereavement leave’ are often used interchangeably. However, there is a subtle difference between the two terms; while bereavement leave refers only to leave taken when a family member dies, compassionate leave can also encompass leave that is taken to look after a very sick relative.
Who is entitled to compassionate leave?
Compassionate leave is not a statutory right, meaning that it this type of leave is not a legal right for Irish employees. While employers may decide to include it in their policies and employee contracts, they are not legally obligated to do so.
Therefore, not everyone is entitled to compassionate leave, and the decision lies entirely with the employer.
If a company chooses to include compassionate or bereavement leave in their employment contracts, their employees will be entitled to time off in tragic circumstances, as determined by the specific details and timeframes given in the contract.
How many days are my employees entitled to?
As compassionate leave is not a statutory right, the number of days granted to an employee is at the discretion of the employer.
If an employer chooses not to grant time off work, the employee is not legally entitled to take any days off without permission. If an employer does grant compassionate leave, the employee is only entitled to the specific number of days granted by the employer.
The amount of leave that is granted to an employee will vary from company to company. While some companies may grant as many as 15 or 20 days, most businesses choose to grant approximately 3 – 5 days.
Do I have to pay my employees for compassionate leave?
Once again, this decision is entirely up to the employer. Some companies will choose to include paid compassionate or bereavement leave in their employment contracts but are not legally obligated to do so.
Other companies may choose to grant time off work, but only on an unpaid basis.
Who qualifies as a ‘close family member’?
A close family member is usually defined as a parent (including stepparents and adoptive parents), sibling, spouse, child, or child under loco parentis care.
Depending on the specific circumstance, an employee may also be entitled to compassionate leave after the death of a close friend, in-law, aunt, uncle, or grandparent.
Employers should remember that, since compassionate or bereavement leave is not a statutory right, how they react to employee requests will shape expectations for the future. If an employee has been granted 5 days off for the death of a grandparent, other employees may expect the same if they suffer a similar loss. This is exactly why it’s so important for business owners to implement clear and consistent leave policies, and to include those policies in their employee handbooks.
Should I grant compassionate leave to my employees?
As an employer, you can decide whether to include compassionate or bereavement leave entitlements in your HR policies. You are not obliged to grant time off in these situations, nor are you obliged to pay your employees for any leave you do grant.
To make this decision, you will need to weigh up budgetary considerations, productivity, and employee welfare.
While this type of leave is not a statutory right, it is generally advised that employers give their employees some time off when they have lost a loved one. To maintain employee relations and a positive workplace culture, businesses should aim to demonstrate support in the wake of tragic events.
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