Compassionate leave vs annual leave

Hi All, 

We do not currently offer paid compassionate leave. We offer a generous annual leave policy of 30 days plus bank holidays.

Are we allowed to force employees to use some of their annual leave for compassionate leave? Our current policy states that employees are 'expected to use their annual leave as far as possible for attending to personal affairs and special leave' (compassionate leave)

Or should we say 'Employees may choose to either use some of their annual leave allowance or take this as authorised unpaid leave'

Thanks it advance. 

Parents
  • 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.'

Reply
  • 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.'

Children
No Data