Compassionate Leave in Ireland: an employer guide to bereavement requests

What is compassionate (bereavement) leave?

Compassionate leave is time off granted to an employee following the death or serious illness of a close person, usually a family member. 

In Ireland, compassionate leave is not a statutory entitlement in most cases. Instead, it is usually provided under:

• An employer’s policy or staff handbook
• An employment contract
• Custom and practice within the organisation

It is generally short-term, may be paid or unpaid, and is intended to allow the employee time to grieve, attend a funeral, or deal with urgent personal matters.

When do employees typically ask for compassionate leave?

Death of a close family member is the most common reason, including:

• Spouse, partner, or child
• Parent or step-parent
• Sibling
• Grandparent

Requests often cover:

• Time immediately after the death
• Attendance at a funeral or memorial service
• Cultural or religious mourning practices

Is “compassionate leave” the same as “bereavement leave”?

In practice, yes, but with an important nuance.

How the terms are used in Ireland

• Bereavement leave refers specifically to time off following a death (for example, attending a funeral or grieving the loss of a close family member).
• Compassionate leave is the broader term employers usually use. It can cover:
  • Bereavement (death of a relative or close person)
  • Serious or terminal illness of a close family member
  • Other exceptional personal crises (e.g. pregnancy loss)

In most Irish workplaces, bereavement leave is treated as a type of compassionate leave, rather than a separate legal category.

Is compassionate leave a legal entitlement in Ireland? What employers must (and don’t) have to provide

In short: no.
There is no general statutory entitlement to compassionate leave (including bereavement leave) under Irish employment law.

Unlike annual leave, maternity/paternity leave, or statutory sick leave, compassionate leave is not required by law in most circumstances.

What employers do not have to provide

Employers are not legally required to:

• Offer paid compassionate or bereavement leave
• Offer a specific number of days for funerals or mourning
• Pay employees during bereavement unless promised in a contract or policy
• Extend leave beyond what is set out in their own policies

When compassionate leave does become binding

Even though it’s not statutory, compassionate leave can become enforceable if it is:

• Written into the employment contract
• Set out in a staff handbook or HR policy
• Established through custom and practice (consistently granted over time)

In those cases, employers must follow their own rules.

How does compassionate leave differ from force majeure leave?

1. Force majeure leave
   • Statutory entitlement under the Organisation of Working Time Act
   • Employers must grant it if the legal test is met
2. Compassionate leave
   • Not a statutory entitlement
   • Provided at the employer’s discretion, unless set out in a contract or policy

What should employers do when an employee requests compassionate leave?

When an employee requests compassionate (bereavement) leave, employers should handle it with a mix of empathy, consistency, and clarity. Here’s a practical, step-by-step approach for Irish employers.

1. Acknowledge the request with empathy

• Respond promptly and compassionately.
• Avoid leading with policy or entitlement language.
• A simple acknowledgment (“I’m sorry for your loss, let’s talk about what you need”) sets the right tone.

2. Check your policy and past practice

• Review:
  • The company compassionate leave policy (if any)
  • The employee’s contract
  • Custom and practice (what you’ve allowed in similar cases)

What documentation is reasonable to request (and what to avoid)?

For compassionate leave, less is more.
A brief explanation, dates, and relationship are usually enough. Asking for death certificates or medical details should be the rare exception, not the rule.

Conclusion: what a “good” compassionate leave approach looks like for Irish employers

If an employer already has a compassionate leave policy, handling requests becomes much simpler — the focus is on applying the policy consistently, fairly, and with empathy. Here’s what employers should do:

1. Refer to the policy immediately
   • Check the written policy for:
     • Who qualifies (close family, extended family, others at discretion)
     • Number of days allowed (paid/unpaid)
     • Documentation requirements
     • Relationship to other leave types (e.g., force majeure, sick leave, annual leave)
   • This ensures managers follow company rules and avoid ad hoc decisions.
2. Confirm details with the employee
   • Acknowledge the loss with empathy.
   • Verify:
     • Relationship to the deceased
     • Dates of leave required
   • Ensure the conversation is sensitive, avoid unnecessary probing.
3. Apply the policy consistently
   • Grant leave according to the policy’s guidelines.
   • For edge cases (e.g., extended family, travel abroad), managers can use policy discretion, but document reasoning.
   • Treat similar situations the same way to avoid perceptions of favouritism.
4. Confirm arrangements in writing
   • Summarize to the employee:
     • Approved dates
     • Pay status (paid or unpaid)
     • Any additional options (annual leave, flexible working)
   • A simple email is sufficient and provides a record for HR and payroll.
5. Keep accurate records
   • Record:
     • Employee name
     • Dates and duration of leave
     • Reason for leave
     • Whether leave was paid or unpaid
   • Maintain confidentiality and GDPR compliance.
6. Manage special circumstances
   • Overseas funerals, multiple bereavements, or requests outside the policy should be escalated to HR for guidance.
   • Return-to-work check-ins can provide support without overstepping boundaries.
7. Ensure managers understand the boundaries
   • Compassionate leave is not force majeure (unless criteria are met).
   • Managers should not require intrusive proof or deny leave inconsistently.
   • Policy ensures decisions are defensible and fair.

Even without a policy, employers should:

1. Respond with empathy
2. Offer reasonable time off based on typical practice
3. Document decisions for fairness
4. Treat similar cases consistently
5. Consider creating a policy for the future