Bereavement Leave: Your Rights at Work | ProbateHelp
Your current rights to time off after a death, including time off for dependants, parental bereavement leave, employer compassionate leave, pay rules, and what to do if your employer refuses.
This guide is part of ProbateHelp's First Steps guide cluster. Estimated reading time: 12 min.
This guide explains bereavement leave and time off work after a death, including the difference between employer policies, statutory parental bereavement leave and unpaid time off for dependants.
It connects employment leave questions with the first practical steps after a death, benefits after bereavement, funeral planning and the documents families may need to keep organised.
My employer says I can only have two days off. Is that legal?
It depends on who died. If a dependant died, the law says you are entitled to 'reasonable' time off — and two days may or may not be reasonable depending on your circumstances. If your child under 18 died, you are legally entitled to two weeks under Jack's Law, and your employer cannot restrict this. If the person who died was not a dependant (e.g. a friend or extended family member), there is currently no statutory right to any time off, so your employer's policy applies.
My employer has a bereavement policy but it doesn't cover the person who died. What can I do?
If the person who died was a dependant (see the definition above), you have a statutory right to reasonable time off regardless of your employer's policy. If they were not a dependant, you have no statutory right, but you can ask your employer to exercise discretion. Many employers will be flexible, especially if you explain the circumstances. You could also request to use annual leave.
Can I take bereavement leave for a friend or a pet?
There is currently no specific statutory right to bereavement leave for a friend or a pet. Your employer's compassionate leave policy may cover close friends, and many employers will exercise discretion. It is always worth asking. A wider statutory bereavement leave right is expected, but the detailed rules and qualifying relationships depend on secondary legislation.
I'm self-employed. Do I have any bereavement leave rights?
Self-employed people do not have statutory employment leave rights. ACAS says workers who pay tax through Self Assessment are not eligible for Statutory Parental Bereavement Pay. Check your contracts, insurance cover and client deadlines, and speak to Citizens Advice if the loss affects your income.
My employer is pressuring me to return to work before I'm ready. What are my rights?
If you are still within your statutory leave entitlement, your employer cannot require you to return early. If your leave entitlement has ended, your employer can ask you to return, but you have options: you can request annual leave, ask for unpaid leave, or speak to your GP about a fit note if grief is affecting your health. If you feel you are being treated unfairly, contact ACAS for advice.