Topic of the week: Returning to work after bereavement

In this week's topic of the week article, Elizabeth Stevens of Steeles (Law) LLP looks at the measures that employers can take to support employees returning to work after bereavement, and the problems that may arise. 

By offering bereavement counselling (whether or not as part of an employee assistance programme), and being flexible in relation to working patterns and duties, employers can help employees resume work after a period of bereavement-related absence. 

• Topic of the week: Returning to work after bereavement Employers need to be aware that individuals react to bereavement in different ways and that work performance may be affected in some cases. 

Previous articles in this topic of the week series

Dealing with employee bereavement: time off An overview of employees' entitlement to time off work in the event of bereavement. 

More from XpertHR on dealing with employee bereavement and related topics

XpertHR subscribers have access to a wealth of material on dealing with employee bereavement and related topics - ranging from FAQs on time off rights to policies and documents on employee assistance programmes. We pick out just some of the information available on the subject. 

Time off work

There are a number of resources on XpertHR to help subscribers understand employees' entitlement to time off work in the event of bereavement. The statutory right to time off is limited, coming within the time off to care for dependants provisions. It does not include extended time off to grieve. The XpertHR employment law manual explains the law on Time off work. The Time off for dependants policy can be used by an employer to set out its commitment to complying with its legal obligations in this regard. 

FAQs on the right to time off to care for dependants include:

• Who counts as a "dependant" for the purposes of the right to time off for dependants?
• Does the right to time off for dependants include time off for sickness absence caused by grief?
• Are employees paid for time off for dependants?
• Are employees entitled to paid time off to organise or attend a funeral?

Extended compassionate leave

Despite the limited statutory entitlement to time off, many employers want to offer more generous terms and adopt a compassionate leave policy that grants a certain amount of paid and/or unpaid leave in the event of bereavement. XpertHR's How to devise and implement a policy on compassionate leave helps employers identify the factors that should be taken into account when adopting a compassionate leave policy. The XpertHR policies and documents section includes forms and documents relevant to time off work including:

• Compassionate leave contract clause
• Policy on extended leave for personal reasons
• Letter of condolence to an employee following the death of a family member

See also Accommodating religious observance - bereavement in the quick reference section for details of some of the bereavement customs that may require arrangements above and beyond normal compassionate leave. 

Counselling and employee assistance

Some employers offer counselling to employees in the event of bereavement. This may form part of a wider employee assistance programme (EAP). There are a number of resources on XpertHR relating to EAPs, for example the Employee wellbeing policy can be used to set out an employer's commitment to managing staff health and wellbeing, while the Policy setting out an employee assistance programme explains how a programme works. There is also an answer to a FAQ: What are employee assistance programmes and how do they work? while the 2009 IRS survey on employee assistance programmes investigates the reasons for the increasing popularity of EAPs with employers, along with their use by employees, the costs of running an EAP, problems, and other key issues. 

Problems arising from employee bereavement

Individuals react to bereavement in different ways. This may depend on the closeness of their relationship to the person who has died and whether or not the death was unexpected or traumatic. Employers may find that, despite being given extended leave, an employee fails to return when expected, and takes sickness absence or unauthorised absence. Although employers are expected to adopt a sympathetic approach in these circumstances, there may come a point where the absence will need to addressed. XpertHR has a range of resources for dealing with absence, for example policies and documents on Sickness and sick pay and How to deal with unauthorised absence. 

Employers may find that recently bereaved employees are prone to unpredictable mood swings that create difficulties with clients and colleagues. Employers should allow employees a period of grace and be tolerant in this situation. However, at some stage it may be necessary to address matters through the disciplinary procedure. The XpertHR employment law manual section on Disciplinary rules and procedures explains the requirements. Run a search on disciplinary procedures to find a number of useful resources for dealing with disciplinary situations. 

Where a bereavement triggers a mental health problem, employers will need to consider their obligations under the Disability Discrimination Act 1995. The Disability discrimination section of the XpertHR employment law manual explains employers' obligations under the Act.