How to write a carer's leave and compassionate leave policy

Before you start

Legal basis. The Carer's Leave Act 2023 (section 80J of the Employment Rights Act 1996) and Carer's Leave Regulations 2024 [3][4]; section 57A of the 1996 Act [4]; statutory parental bereavement leave and pay [8]; and section 18 of the Employment Rights Act 2025 [11]. These rights apply in Great Britain [4].

Who to involve. HR, reward, payroll, a legal adviser, and employee representatives or a carers' network.

What you need. Your current leave policies, absence codes, and any benefits contracts covering care or counselling.

Step 1: Separate the statutory rights

Keep each right distinct, because notice, evidence and pay rules differ.

For that last right the Act settles only two things: at least one week's leave where the death is not a child's, and a definition of pregnancy loss covering a pregnancy ending before 24 weeks other than by a live birth, and a failed embryo transfer. Service, relationships, notice, evidence and whether it is paid all await regulations [11][12]. Don't write a service or pay rule into your policy yet.

Compassionate leave is your own scheme, paid or unpaid [6], and can add pay or time to any of these.

Step 2: Write the carer's leave section

Restate the law [2][3][4][5]:

• Dependant: a spouse, civil partner, child or parent; a member of the household (not a boarder, lodger, tenant or employee); or anyone who reasonably relies on the employee for care.
• Long-term care need: an illness or injury, physical or mental, needing or likely to need care for more than three months; a disability under the Equality Act 2010; or care needs connected with old age.
• Amount: one working week in the 12 months ending on the last day requested, however many dependants, in half days, whole days or a block. For variable hours, average weekly hours over the previous 52 weeks.
• Notice: the longer of 3 days, or twice the number of days or part days requested. It needn't be written.
• Evidence: you can't require any.
• Postponement: you can't refuse, but can postpone if the business would be unduly disrupted. After consulting the employee, give the reason and new dates in writing within 7 days of the request, and before the leave starts. New dates must start within one month of the first day requested.
• Protection: dismissal related to carer's leave could be automatically unfair [5].

Worked example (computed in Python). Pattern: Monday to Wednesday, 7.5 hours a day (illustrative). Entitlement: 3 days (22.5 hours). A half-day request (one part day) needs 3 days' notice; a 2-day request needs 4. Half a day (3.75 hours) then remains.

Step 3: Decide whether to pay carer's leave

In the lumi reward benchmark, 91.0% of organisations provide statutory unpaid carer's leave only (common). 4.5% provide some paid days and 4.5% fully paid leave (both rare): 9.0% (4.5% + 4.5%) pay for some or all of it (n = 268). See the full findings.

Where statutory and contractual rights overlap, the employee can use whichever is more favourable [3]. State whether paid days are part of the statutory week or extra.

Step 4: Write the emergency leave section

Time off for dependants is a day-one right to reasonable time off for emergencies: a dependant's illness, injury, assault, childbirth or death, arranging care, a sudden breakdown in care, or an unexpected incident at a child's school [4][7]. There is no set limit on time or occasions [6]. The employee must give the reason as soon as reasonably practicable [4]. Dismissal for taking it is automatically unfair [7].

In the lumi reward benchmark, 69.5% of organisations provide partially paid emergency or compassionate leave, case by case (common). 15.6% provide paid leave, 10.3% unpaid leave only and 4.5% no specific provision, all rare (n = 243).

Step 5: Set out parental bereavement leave and pay

State the statutory position [8][9]:

• Leave: 2 weeks, from day one, for each child who dies under 18 or is stillborn after 24 weeks of pregnancy. One 2-week block or 2 separate weeks, within 56 weeks of the death. Parents, their partners and some others who cared for the child qualify.
• Notice: in the first 8 weeks, before normal start time on the first day; from week 9 to 56, one week.
• Pay (2026/27): £194.32 a week or 90% of average weekly earnings, whichever is lower. Needs 26 weeks' continuous employment and average earnings of at least £129 a week. The employee claims in writing within 28 days, with a one-off declaration of entitlement. You can usually reclaim 92%, or 109% with Small Employers' Relief.

Step 6: Set bereavement days, close family and evidence

There is no legal right to paid bereavement leave outside parental bereavement pay [13]. The 2027 right adds at least one week where the death is not a child's, on conditions still to be set [10][11][12].

In the lumi reward benchmark, organisations provide a median of 3 days' paid bereavement leave for the death of a close family member (25th percentile 2 days, 75th percentile 5 days, range 0 to 10 days; n = 268, N/A excluded).

Say who can report a death, and what happens if more time is needed [13].

Step 7: Cover pregnancy loss

Before 24 weeks there is at present no entitlement to maternity, paternity or parental bereavement leave. The birth mother's sickness absence after a miscarriage is likely to be pregnancy-related: record it separately and don't count it towards absence triggers [13]. The 2027 right will cover pregnancy loss before 24 weeks [10][11].

In the lumi reward benchmark, 50.9% of organisations have no specific provision for paid pregnancy loss leave (common), 31.5% use discretion (alternative) and 17.6% have a paid policy (rare) (n = 267).

Step 8: Add practical support

In the lumi reward benchmark:

• Backup or emergency care days: 64.0% offer none (common), 26.2% discounted access (alternative) and 9.7% funded days (rare) (n = 267).
• Eldercare support services: 21.7% provide them (alternative); 78.3% don't (common) (n = 267).
• Bereavement support beyond leave (more than one answer allowed): 23.3% counselling, 9.8% a probate or legal helpline, 5.6% financial guidance for dependants; 66.5% none (n = 266).

Step 9: Brief managers and set up records

When an employee reports a death, Acas suggests managers say they're sorry and tell them to take the time they need; ask how they'd like to keep in touch; ask before telling colleagues; and discuss a phased return without pressing for a decision [13]. For carer's leave, managers can't require evidence or refuse a request.

Set separate absence codes for each leave type and for pregnancy-related sickness. Review the policy by 6 April 2027 and when bereavement leave regulations are published.

Checklist

• Each statutory right is stated separately
• Dependant and long-term care need are defined as in the law
• Carer's leave notice, half-day units and 12-month period are stated
• No evidence is required for carer's leave; postponement is in writing within 7 days
• Carer's leave pay decision is made and costed
• Compassionate leave pay rule and decision-maker are named
• 2026/27 parental bereavement pay and eligibility are stated
• Bereavement days, close family and evidence rules are set
• Pregnancy loss is covered; pregnancy-related sickness is recorded separately
• Managers are briefed and absence codes set up

Related

• Carer's and bereavement leave: UK benchmark 2026 — the benchmark findings behind the figures in this guide.
• How to write an enhanced maternity and adoption pay policy
• How to write a gender equality and menopause action plan
• How lumi works: methodology — how these figures are collected and calculated.