"At the end of the season, I wanted to stay for four or five days with my brother before I flew to prepare for the World Cup with Ivory Coast... except that City did not want to give me a few days".
Those are the words of Manchester City footballer Yaya Toure, who recently claimed he was denied compassionate leave to spend time with his brother, who was terminally ill with cancer.
Currently, the law allows "time off for dependants" for family emergences and time to organise or attend a funeral. This only applies to unforeseen circumstances involving dependants, however since Toure's brother was not considered a dependant of his, the football club had no obligation to grant him his request.
There is no such time automatically allowed to grieve, or be at a loved one's side in their final days, as was the case for Toure.
Of course, employers can exercise their discretion to implement their own compassionate leave policy within the contract of employment, but the fact that there is no protected right to it could potentially put employees in a difficult situation. Furthermore, some employers may chose to pay employees for all or some of their time off, while others will not pay at all.
It is advisable that employers do implement a compassionate leave scheme, so as to ensure consistently between employees. Allowing compassionate leave is in the interests of both employee and employer: employees will need the time off to deal with the emotional stress of the situation before being able to return to work in a more positive mindset; while for employers, having a scheme in place promotes a healthier working environment for everyone, and a better employee-employer relationship.
When leave is not granted by employers, employees may have to use their holiday allowance or else could face being disciplined for unauthorised absence. That being said, this may not be the best approach for employers to take, as more than half of employees asked in a recent National Council for Palliative Care report said they might leave their job if adequate support was not provided by their employer at a critical time.
Clearly then, failing employees in this way can result in a lack of staff retention, which all employers seek to avoid. Other consequences could include staff being signed off sick due to stress or depression, which could end up far more costly for employers in the long run.
Overall, the needs of an employee seeking compassionate leave for whatever reason will differ person to person, but employers should always tackle the situation with sensitivity and flexibility, while applying their policy consistently and fairly.
Whether you are an employer wanting to discuss your options in terms of compastionate leave, or an employee looking for advice with your regards to your compasionate leave entitlement, Employment Law Aberdeen's expert employment lawyers can help. To get the advice you need, please call 01224 370 208. Alternatively, please complete our online enquiry form.
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