Acas has published new bereavement guidance to help employers deal with employees suffering a bereavement and understand the rights they may have to time off and pay when they are bereaved. Most people will experience the death of a person close to them during their working lives. Grief is a natural response people have when they experience a death. It can affect someone in several ways and can impact on their ability to do their work.
Everyone experiences grief differently. It’s important for employers to:
- be sensitive to what each person might need at the time
- consider the person’s physical and emotional wellbeing, including once they’ve returned to work
- recognise that grief is not a linear process and affects everyone differently – there is no right or wrong way to grieve and it can affect people at different times following a death
Anyone classed as an employee has the right to time off if:
- a ‘dependant’ dies
- their child is stillborn or dies under the age of 18
Employees have a right to 2 weeks off if their child dies under the age of 18 or is stillborn after 24 weeks of pregnancy. This is called ‘parental bereavement leave’ and is also known as ‘Jack’s Law’.
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 offer pay during bereavement and employers should ensure they have clear bereavement policies.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.