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

In reply to Peter Stanway:

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?

In reply to Emily:

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 

In reply to Keith:

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 

In reply to Emily:

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.

In reply to Keith:

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

In reply to Emily:

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

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...??

Legally, your policy would need to take into account the entitlement for Paid Parental Bereavement leave,  Emily,  https://www.gov.uk/parental-bereavement-pay-leave  

Most places I have worked have offered a couple of days paid leave for the funeral/day after the funeral and an option to take unpaid time off or holidays if they need longer. 

I'm not sure I see the 'forcing' annual leave working as per Keith's comments about the WTR and the notice required as part of this. 

In reply to Emily:

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.

In reply to Robey:

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....

In reply to Robey:

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.  

In reply to Clare:

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.'

In reply to Nicola:

Thanks Nicola. 

I have separate section for dependent leave. 

Could I put the paid parental leave in the maternity policy?

Thanks,

Emily

Really good discussion - thanks all.

Related this this... the Bereavement (Leave and Pay) Bill is working its way through the parliamentary stages...
bills.parliament.uk/.../3016

CIPD resources here...
www.cipd.co.uk/.../bereavement-support