There is no specific statutory right to paid or other time off for a family bereavement, save in the limited circumstances where “emergency leave” applies.

However, an employer may have a bereavement policy or compassionate leave policy in place which covers situations where an employee loses a close family member. If such policy is in place, the employer must follow it. Further, if it is contained within an employee handbook which is contractual in nature, failure to follow this policy could leave the employer open to a breach of contract claim.

Employers must ensure that they factor in potential discrimination issues when responding to a request for time off following a bereavement. For example, employers should check if the employee's religion or culture requires that particular customs or practices are recognised, which would require the employee to have time off work.

Further, employers must ensure that requests relating to the death of same-sex partners are treated in the same manner as those for partners of the opposite sex.

If a female employee gives birth to a baby which is still-born or dies after birth, the employee is still entitled to her full 52 weeks of maternity leave. Essentially this acts as a form of compassionate leave.

Ultimately employers must deal with requests for time off after a bereavement with sensitivity. It would also be prudent to have a bereavement or compassionate leave policy in place, as this could help any potential disputes about differential treatment to be avoided.