Compassionate Leave: How To Give Time Off in Special Circumstances

No one can be expected to focus or function at work when tragedy strikes their family. Employees need time away from their daily roles to process what’s happened, handle any arrangements, and support those closest to them. 

This guide explores compassionate leave as a workplace benefit. We’ll look at why you should offer it, what to include in a compassionate leave policy and some real-life examples of how employers are compassionate in times of crisis. 

What is compassionate leave?

Compassionate leave is a leave of absence from work that happens when an employee needs to take time off, often unexpectedly, for personal reasons. Some examples could include: 

• Death of a close family member, including parents, siblings, children, and spouses. Organizations may also extend this to grandparents, aunts, uncles, and close friends.
• Serious illness or injury of a close family member, requiring an employee to take time off to care or be with them.
• Miscarriage or stillbirth. Some employers might consider extending this leave to employees undergoing fertility treatment. 
• Family emergencies, including accidents or sudden hospitalizations. 
• Funeral arrangements and ceremonies, including attending and arranging the funeral or memorial service of a close family member or friend. 
• Mental health crises, including to deal with their own mental health issues or those of a close family member.
• Domestic violence situations, including employees who are themselves the victims of domestic violence or are supporting a close family member. 

Why is compassionate leave important?

You might already offer personal days and vacation time, so why add compassionate leave into your employee benefits strategy when you already provide scope for employee self-care? 

Compassionate leave demonstrates employer care 

Giving your employees time off when they’re struggling sends a clear message to your workforce: you care about them as people. Any organization can draft a company culture statement promising a nurturing, supportive work environment. But offering compassionate leave is the ultimate way to follow through on that commitment. 

Compassionate leave supports employee retention 

Employees who have experienced personal difficulties that disrupt their professional momentum will remember an employer that has supported them. This type of relationship can persuade team members to remain loyal to the company rather than leave for an opportunity with an alternative employer. 

Compassionate leave gives employees time to heal 

Whether employers offer paid or unpaid leave, employees need to use the time to process their difficult life events and return to a place where they feel mentally and physically balanced. Chance Marshall, Co-Founder and Therapist at The Self Space, explains that employers shouldn’t expect this cycle to happen quickly: 

“Work: Sorry your Mum died. Take all the time you need; we have a generous 3-day bereavement package. Proof of death (copy of a death certificate, URL to an obituary, etc.) is also required.” 

We have to do better at supporting grieving people. Three days is not enough.

After someone we love dies, three days in, we can barely function. The waves of exhaustion, the sighing, the feelings of emptiness and hopelessness, the shortness of breath, the ‘magical thinking’ of turning back the clock to what might have been: ‘if only I had…’ (fill in the blank).

The sadness, numbness, guilt, shame, feeling stuck, our body keeping score (tension in the jaw, fists, and body), questioning of identity, anger, shock, denial or disbelief, bargaining… Our sleep, eating, and general care can go out of the window. Let alone show up to work and pretend to be sound. 

Three days is not enough. We need longer. And also to recognise that grief can manifest itself in lots of ways, often extending beyond the immediate aftermath of the event. Even if an employee chooses to throw themselves into their work around the time of death.”  

Compassionate leave vs. bereavement leave

Compassionate leave and bereavement leave are two terms often used interchangeably. So, how do they both work? 

• Bereavement leave refers to time off specifically to grieve and plan and attend a funeral for a loved one 
• Compassionate leave is a broader term which can encompass bereavement but also other events like supporting a loved one following an accident or mental health crisis

While there are no federal requirements to offer either type of leave, some states require employers over a certain headcount to provide time off on the grounds of compassion or bereavement:

• California employers of 5+ employees must provide 5 days leave for the death of a family member 
• Illinois employers of 50+ employees must give up to 2 weeks of unpaid leave for the death of a covered family member. The regulation is also for losses related to pregnancy, adoption, and surrogacy. 
• Maryland employers of 15+ employees must offer either 5 days of paid sick leave or 3 days off for an immediate family member’s death. 
• Oregon employers of 25+ employees must offer up to 2 weeks for a family member’s death, with an annual cap of 12 weeks leave per calendar year. 

Other countries, such as the UK, use the terms bereavement and compassionate leave in a similar way. However, Parental Bereavement Leave and Pay exist for employees who need time off due to the death of a child or stillbirth after 24 weeks of pregnancy.

Benepass recommendation: Always seek legal advice before constructing your employee leave policy to ensure it remains compliant with the latest laws and regulations in your state or local area.

3 real-life compassionate leave examples

Employers often take a customized approach to compassionate leave, including how long it lasts and what it covers. Here are three examples of how global companies handle theirs: 

Buffer

Social media software company Buffer uses its Time Off page to outline various types of time off, including compassionate leave: 

“In times of loss of a loved one, we suggest teammates take at least 3-5 days off for bereavement leave. Additionally, we offer caregiver leave for team members who are providing eldercare or are caring for sick family members or partners.”

Intel 

Technology company Intel also believes in giving employees space to handle their personal lives away from the stresses of work. The company provides the following details on “additional leave” within its Rewards Experience document. 

“Many of us will encounter the need to step away from work to manage a personal life event. Intel’s paid leave program supports multiple leave types - such as military, medical/disability, and family - so employees can take the time they need and then successfully return to work.”

Microsoft 

Microsoft employees like Jay Witcher speak highly of the company’s approach to compassionate leave. When Jay’s father was dying from cancer, Jay’s manager arranged a flexible position in Maryland, allowing him to prioritize family without work stress. During critical moments, such as his father’s emergency surgery, his manager assured him that work would not be a concern, enabling Jay to focus entirely on his father. 

Microsoft’s family caregiver leave policy provided four weeks of paid leave which allowed Jay to spend uninterrupted time with his father. The support, combined with a secure job and understanding colleagues, was crucial for Jay’s mental health, allowing him to navigate this challenging period without additional stress.

Compassionate leave policy: What to include

Drafting a formal policy ensures you deliver compassionate leave equitably. It also removes any awkwardness from the situation, as all parties know exactly how to follow the protocol and respond appropriately in times of trouble. 

Here’s what to include in your policy, which you might add to your staff handbook, careers, or benefits pages or use as an educational resource for webinars or information sessions: 

Compassionate leave duration 

First up, decide how many days or weeks of compassionate leave you’re willing to offer. This may be a fixed duration or a flexible alternative that lets employees decide their readiness to return to work. 

Pay  

Consider if you plan to offer a paid or unpaid absence from work, or both—perhaps providing paid compassionate leave for X days followed by unpaid leave for the following X weeks as required. 

You might also consider whether employees are able to tap into any other type of leave such as vacation PTO or duvet days to extend their time off. 

Evidence  

Some employers will require their workers to submit evidence of the event for which they’re taking time off. For example, a death certificate, a doctor’s certificate stating a miscarriage, or similar. 

Tread carefully here. It may make sense to keep this type of documentation on file for compliance reasons and to ensure no one is abusing your policy. However, it can also be extremely uncompassionate to request a piece of paper and give your employees additional admin when they’re going through personal turmoil. 

Terminology 

Your compassionate leave policy might include a glossary describing your company’s interpretation of specific terms such as compassionate leave, bereavement leave, caregiver leave, and other time off options. This will ensure all team members have the same understanding of what’s available to them and when. 

Employee process 

An essential part of any compassionate leave policy, this section should outline the specific process employees should follow to report their leave, bearing in mind this is often an urgent situation. You should also provide the protocol their managers should follow. Points to cover include: 

• How should employees report their leave, who do they tell, and what communication method should they use? 
• Any additional actions your employees should take, such as turning on their email out-of-office, or removing themselves from Slack channels, etc. 
• A template for managers to use, offering their support, reassurance, and information 

Communication expectations 

This section should highlight to employees how, when, or if you expect them to communicate with you during their leave, for example, to discuss their return to work. You might also stress that the employee is under no obligation to check their work email or hand over their projects to a colleague. 

Return to work 

Your policy should highlight what the employee can expect when they return to work, which will likely depend on how long they’ve been absent. You might provide your employees with information and resources to help them cope during this difficult time. These could include: 

• Employee assistance programs (EAPs) offering confidential counseling services 
• Details of support groups or organizations specializing in grief and loss
• Suggestions for self-care activities such as exercise, mindfulness techniques, and healthy coping mechanisms
• Information on flexible work options or special accommodations that may be available upon return to work
• Steps for easing back into work gradually, such as a reduced schedule or modified duties
• Details of how your manager will follow up to ensure the employee feels supported 

Create a compassionate work culture with Benepass

Benepass is a benefits administration platform that puts your employees front and center of your company culture. We offer a wealth of benefits, including the following, which can support their health and well-being both in everyday life and in more challenging times.

• Wellness benefits and lifestyle spending accounts are a great way to access mental health resources, counseling, and wellness treatments 
• Food and nutrition stipends ensure employees can afford to keep mind and body healthy 
• Health reimbursement arrangements, flexible spending accounts, and health savings accounts all offer employees tax-free ways to access ongoing medical support they may require for themselves and their dependents. 

Ready to create a more compassionate work culture? Book a free Benepass demo today or contact sales@getbenepass.com to connect with a benefits specialist.