Compassionate leave vs annual leave

 I would change is as you suggest albeit i would prefer something clearer on compassionate leave.

Hi Peter, 

Thanks for this. Can we as employers insist that employees use some of their annual leave in compassionate leave or does it have to be the employees choice?

There are some rules around how you can force employees to use annual leave. Personally I wouldn't use them for this. If people need compassionate leave leave it down to them as to if its annual leave or unpaid. The numbers wont be huge 

Thanks Keith, I would agree with that, I will advice that current policy gets changed to letting the employee choose unpaid or annual leave. 

But was it the legal standpoint on this? I only ask cause my managers will ask 

the legal requirements are set out in the WTR about the amount of notice an employer needs to give to force annual leave - think from memory its twice the length of leave which therefore doesn't really work for compassionate leave.

Yeah I have just had look employers have to give twice the length of leave as notice but only if there is no relevant agreement between employers and employees. But it also say the procedures that must be complied with regarding annual leave may be set out in a "relevant agreement". So if it is an agreement that they must use annual leave then I believe that is ok? 

Although I am going to advise that we let the employee choose

Yeah I have just had look employers have to give twice the length of leave as notice but only if there is no relevant agreement between employers and employees. But it also say the procedures that must be complied with regarding annual leave may be set out in a "relevant agreement". So if it is an agreement that they must use annual leave then I believe that is ok? 

Although I am going to advise that we let the employee choose

No I dont think your interpretation is correct either in spirit or effect

The "relevant agreement" doesn't refer to compassionate leave policies, but to agreements regarding things like seasonal shutdowns when employees may have to use holiday to cover the shutdown period, even if they only joined the business less than twice the length of the shutdown before the shutdown (if you follow me).

I think I am - as is, from the sound of it, Keith - confused as to why you are trying to force someone to take compassionate leave. In most cases of personal bereavement or similar, people want to take compassionate leave. In the few cases they don't it's often because work allows them to focus and keep putting one foot in front of the other at a difficult time. The cases where someone might refuse to take compassionate leave but you can see that they really, really need to are so few and far between that you don't need to wrangle a policy into complying with them. Just deal with them on an as-needed basis and with an ounce of humanity.

My guess is that they dont want people to take unpaid compassionate leave and then be off again a few weeks later for annual leave....

Hi Robey, 

No the current policy doesn't force employees to take compassionate leave, it forces them to use annual leave rather then offering to either take unpaid or annual leave.  

Then, again, you run into the problem that you have to give someone appropriate notice to take paid annual leave, which is tricky unless you are planning on eliminating their family members to a schedule.

"We're going to need you to take holiday to cover your compassionate leave in two weeks."

"What compassionate leave?"

"Don't worry. You'll find out."