Compassionate leave vs annual leave

I think there are 2 issues here: the employment law angle and the practical more human angle.  Clearly, when this arises - and hopefully not very often as Keith rightly points out - each case would be considered followed by the appropriate decisions.  Currently there is no provision within employment law to offer compassionate leave, it would be great to think that will change one day.  So perhaps the wording in the policy should say something like:

' ... may be expected to use their annual leave ....' 'please refer to your line manager'  'employees may choose to either use some of their annual leave .....'

which sets out a potential route where the final decision is made once some conversations have taken place.  Interesting to note the managers may ask about the legal standpoint although I think Emily is sensible to be prepared.  Perhaps the legal query is more to do with preventing unauthorised leave...??

I think there are 2 issues here: the employment law angle and the practical more human angle.  Clearly, when this arises - and hopefully not very often as Keith rightly points out - each case would be considered followed by the appropriate decisions.  Currently there is no provision within employment law to offer compassionate leave, it would be great to think that will change one day.  So perhaps the wording in the policy should say something like:

' ... may be expected to use their annual leave ....' 'please refer to your line manager'  'employees may choose to either use some of their annual leave .....'

which sets out a potential route where the final decision is made once some conversations have taken place.  Interesting to note the managers may ask about the legal standpoint although I think Emily is sensible to be prepared.  Perhaps the legal query is more to do with preventing unauthorised leave...??

Thanks Clare.

Each case would be considered on a case by case basis, but currently it states ' Whilst you are expected to use your annual leave as far as possible for attending to personal affairs, special leave in excess of any statutory entitlement may be allowed in exceptional circumstances at the discretion of the line manager. Each request will be considered on its merits but as much advance notice as possible must be given.'

I am looking to change to it to ' You may choose to either use some of your annual leave allowance or take this as authorised unpaid leave. Each request will be considered on its merits but, if possible, advance notice should be given.'

I agree with Clare Marie and Nicola, I think that some compassion should be shown employees in need of compassionate leave.  After all, what kind of numbers are you talking here, really?

As someone who has benefitted in the past from such, I think the benefits of offering a few days paid leave and then a choice after will generate more goodwill that will far outweigh negatives like cost to a business.

People have a right to grieve or attend personal business on compassionate grounds without suffering financial detriment at the hands of their employer.

They also have a right under the WTR to take annual leave as rest from work - forcing some of that respite to be sacrificed for compassionate leave feels uncomfortably like robbing with one hand to give with the other; they may well need that holiday time down the track. 

Forcing staff to take paid annual leave as paid compassionate leave could be viewed as taking advantage of workers in a time of distress, when their focus may be elsewhere and they need support, not hard choices.  Just my feelings on it.