The issue of compassionate leave   How much time are employees entitled to?

Did you know.......   Tsunami fundraising and the Data Protection Act. Unpaid overtime. Cost of work based personal internet use.

The issue of compassionate leave

Discussions with clients has revealed the extend of confusion this topic brings. In fact almost all employers pretty much 'do their own thing' when it comes to allowing employees time off during working hours to attend to issues relating to relatives or immediate dependants. (A dependant is, but is not limited to a spouse, children or parents of the employee).

However with regard to the death of a relative, most suggest that the amount of time awarded to staff is dependant on the circumstances and the situation at the time.  Although they agree this often differs significantly from one employee to another and is something that is very hard to confirm to employees in advance, subsequently employers use their discretion each time a matter arises using a previous situation to benchmark against.

Interestingly there is no legal right to time off for 'grief' following the death of a dependant and an employer has the right to refuse such a request. However, it is worth considering the consequences of such a decision and the impact it may have in the longer term with regard to employee relations and the message it sends out to the workforce as a whole.

In essence employers must act reasonably and responsibly considering not only the welfare of their employees (not forgetting you have a duty of care) and the best interests of your business.  However this may not be as simple as it sounds, for example the amount of time awarded to employees tends to range from 3 to 5 days but what if you were to employ a member of staff who practiced a religion with customs and beliefs that require them to take more time off?

For example, Hindus believe that a body should be cremated a soon possible following the death of an relative, the notice you may be given in this situation will be short, also following cremation close relatives observe a 13 day period of mourning at home.

Is it therefore reasonable to refuse the employee time off to comply with their religious beliefs?  It could be argued that such a refusal regardless of the religion is an act of discrimination and provisions under The Employment Equality (Religion or Belief) Regulations prohibit discrimination in the workplace on the basis of religion or similar belief.

Consequently employers should think seriously and sympathetically when considering requests for time off.  It is possible to introduce a prescribed number of days following bereavement managed through a process of authorisation or adopt a Compassionate Leave Policy to assist with ensuring that the allocation of discretionary days is fair and reasonable.

For further information regarding Compassionate Leave, HR Policy and Implementation or to discuss any other Human Resource issues contact Picasso HR.

Did you know.......

• The response from UK companies to support the effects of the Boxing Day Tsunami has been overwhelming.  Whilst some have agreed to match donations made by employees others have made their own one off donations.  Support has also been given in other ways such as advice relating to specialist water purification equipment, logistics and transport issues.  Tell us more about what your organisation has been involved in or the efforts of individuals within your company to raise funds.  Also be careful with regards to data protection and fundraising.  If you hold personal information such as personal email addresses for employees it is an offence under the Data Protection Act to circulate information regarding individual fundraising appeals or provide someone else with this information unless there is a registered purpose for which the data is held.

• During 2004, employees completed a total of £23bn in unpaid overtime.  According to the TUC on average this equates to approximately £4,650 per person and if all unpaid overtime was completed at the beginning of the year, employees would have worked for free until the 25th February 05 – consequently the TUC has called for a ‘Work your proper hours day on the 25th February and urging employees to only work their contracted hours to 'remind their bosses how much they depend on the unpaid extra work and loyalty of their staff'. (Michael Millar - Personnel today) 

• A recent report conducted by BT Home Computing revealed that on average a UK employee is costing the employer nearly £900 per year as they turn to the internet to manage finances and their day to day lives – the report, which surveyed over 1000 employers, suggests that the scale of the issue is being underestimated with most employers believing that their employees do not use the internet during work time…..

• Just going to work could cost you nearly £170,000 in your life time.  A survey conducted by food chain Benjy’s asked workers to calculate work related costs and on average this equates to nearly £4000 per person.

The information in this newsletter is of a general nature and is not a substitute for professional advice. You are recommended to obtain specific professional advice before you take any action.

For further information, advice or assistance on any of the matters raised in this newsletter please contact Picasso HR on 01473 890037.

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