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Can employer refuse compassion leave


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Depends on the eligibility criteria.

 

The entitlement to leave would be subject to particular circumstances. If the handbook states that unpaid leave is available to staff suffering the death of a parent, child, spouse etc with no other conditions, then it could not be refused in those circumstances. If there were other conditions attached that made the employe ineligiblee, then yes, it can be refused on certain specified grounds.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Odd. The last time this question was posed (on another forum) it was carers leave not compassionate leave, it was up to nine months at the managers discretion, and OP was given two months. Or at least that is what she said the last time. Maybe she got it wrong, as there do appear to have been some short-term memory problems - the OP often forgets what she said in other posts.

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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Very interesting please direct when the said post is as I am now very curious to know where if the answer is similar to Sidewinder great replies here. Thanks for bring it to my attention and would like to see the link to the website with the post you mentioned on it please. That is if it is not to much trouble. :|

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There are some legislations in place that allow employees to take unpaid time off for compassionate leave but unless they are a direct relative it can be uncertain whether you are entitled to it.

 

You coluld apply for ‘time off for dependents’ which is also counted as compassionate leave. A dependent is defined as someone who relies on you for their care or lives in your home with you.

 

Most employers are reasonable about the need for compassionate leave and will allow you to take a necessary amount of unpaid time off. After all, we cannot predict these things and everybody is faced with emergencies or deaths at some point in their working life.

 

However, unless the person is a dependent then they are not required to do so by law. The first thing to do is to check your contract of employment as this should lay out your company’s policy on compassionate leave. If they say that compassionate leave is available, then they must stick to this promise when the situation arises.

 

If your contract doesn’t lay out the policy for compassionate leave, or it looks like your situation is not covered, then approach your employer. Tell them the situation and the time that you need to take off and hopefully, as long as it is a reasonable request, they will agree.

 

It is only compulsory to give employees time off for dependents, your employer should be willing to offer compassionate leave. Unfortunately, unless it is written in your contract, there are no guarantees that leave will be granted but if not, then you can still use your holiday allowance to take days off as needed

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If you know HB why are you asking me that question, hope you are not suffering from short term memory with being so busy asking questions, it maybe catching this short term memory there is a lot of it about, they say about 1 million people in the UK suffering from dementia, it affects young and old alike. :???:

 

Hope I have not got a virus on my PC system as it keep crashing and I am not sure if posts get through on here or not.... :?:

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There are some legislations in place that allow employees to take unpaid time off for compassionate leave but unless they are a direct relative it can be uncertain whether you are entitled to it.

 

You coluld apply for ‘time off for dependents’ which is also counted as compassionate leave. A dependent is defined as someone who relies on you for their care or lives in your home with you.

 

Most employers are reasonable about the need for compassionate leave and will allow you to take a necessary amount of unpaid time off. After all, we cannot predict these things and everybody is faced with emergencies or deaths at some point in their working life.

 

However, unless the person is a dependent then they are not required to do so by law. The first thing to do is to check your contract of employment as this should lay out your company’s policy on compassionate leave. If they say that compassionate leave is available, then they must stick to this promise when the situation arises.

 

If your contract doesn’t lay out the policy for compassionate leave, or it looks like your situation is not covered, then approach your employer. Tell them the situation and the time that you need to take off and hopefully, as long as it is a reasonable request, they will agree.

 

It is only compulsory to give employees time off for dependents, your employer should be willing to offer compassionate leave. Unfortunately, unless it is written in your contract, there are no guarantees that leave will be granted but if not, then you can still use your holiday allowance to take days off as needed

I have checked the staff handbook again it has generous compassionate leave entitlement for employees and with only one criteria being employed by the organization for x amount of year, which I qualify only problem now is the manager they will try and object to me having it.

Thanks for your most helpful reply Colin813

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Yes, I see that Sidewinder came to the recuse again what a star she is...:-D

Also, you are very good at looking up what others poster have said HB do not over do it as you my loose you sting...:-) LOL

 

I think that I may have got rid of the virus on my PC thank heavnes, I did a scan and it said that a couple of virus were deleted. :shock:

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Yes, I see that Sidewinder came to the recuse again what a star she is

 

She....? SHE....?

 

How very dare you?!

 

:!:

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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If I have been helpful in any way - please feel free to click on the STAR to the left!

 

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Yes, I see that Sidewinder came to the recuse again what a star she is...:-D

Also, you are very good at looking up what others poster have said HB do not over do it as you my loose you sting...:-) LOL

 

I think that I may have got rid of the virus on my PC thank heavnes, I did a scan and it said that a couple of virus were deleted. :shock:

 

 

Sorry forgot to put this in s/he 8-)

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Closest I ever came to wearing a dress was when I used to dress up in my sister's clothes...

 

....but that was a couple of years ago now :lol:

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

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