Everything you need to know about compassionate leave

The death of a loved one could be a daunting and stressful experience. Besides dealing with the emotional distress that comes with your loss, you may also have to handle a variety of tasks. 

This may include organising or attending the funeral and managing certain legal procedures. If you're an employee, it's essential to find out if you're entitled to time off when a family member or loved one dies.

It's also called bereavement leave in some countries. It is the time off an employee gets after the loss of a loved one. 

Many companies in Malaysia have a compassionate leave policy in place so they are able show sympathy and support for their grieving employees. This could go a long way in improving employee satisfaction and loyalty.

This guide takes a comprehensive look into compassionate leave by covering the following topics:

• What is compassionate leave?
• How long is compassionate leave in Malaysia?
• Who qualifies for compassionate leave?
• Navigating compassionate leave as an employee
• Managing compassionate leave requests as an employer
• How to extend compassionate leave in Malaysia
• Returning to work after bereavement
• Wrapping up
• FAQs

What is compassionate leave? 

Compassionate leave is a workplace policy that enables you to take time off to grieve the loss of a loved one. It differs from annual leave, sick leave, and maternity leave. It applies only when an employee's family member or relative passes away. 

Depending on the terms of your employment contract, you may receive paid or unpaid leave. Compassionate leave allows you time to grieve. You could attend memorials and handle financial and legal matters.

In a multiracial country, compassionate leave may differ depending on your cultural background. Employees of different ethnicities and religions may have varying funeral practices and traditions. 

For example, Muslim burials are usually quick, as they don't involve viewings of the deceased. On the other hand, Malaysian Chinese and Indian funerals usually span three to five days. You may need to extend your compassionate leave depending on the number of days your company allows you to take. 

How long is compassionate leave in Malaysia? 

If you're wondering how many days of compassionate leave Malaysian employees can receive, the answer varies from one company to another. Most Malaysian companies offer between two to five days of compassionate leave but it can differ from employee to employee.

Employers don't legally have to offer compassionate leave to their employees. However, it's common for companies to include this provision in employment contracts. They do it to support their employees through hard times. If your contract doesn't mention paid compassionate leave, your employer may still allow you to request time off.

So, how long is most compassionate leave? 

Typically, companies provide two to five days of paid compassionate leave. In some cases, an employer may vary the leave duration. They do this based on the employee's relationship with the deceased. If the deceased is a close family member, they'll likely grant a longer compassionate leave.

Examples of immediate family members include spouses, children, parents, and siblings. In contrast, the death of distant relatives may not entitle you to any compassionate leave. This could include grandparents, in-laws, uncles and aunts, or cousins.

Who qualifies for compassionate leave? 

Compassionate leave is entirely at the employer's discretion. The company decides who qualifies for it. In most companies, full-time employees usually take compassionate leave. It could last from two to five days. 

An employer may also allow part-time employees to take time off to grieve the loss of a family member. If you're a contractual worker, you won't qualify for compassionate leave, as you're a separate entity from the company that hires you.

Compassionate leave requests usually only apply to the death of an immediate family member. However, employers may offer the leave to employees from a non-traditional family. For instance, somebody who has lost a step-parent, step-sibling, stepchild, or guardian. Again, it all depends on the employer.

The documentation needed for leave approval may also vary from company to company. Some employers don't require you to provide any proof of loss, while others may want you to show them a death certificate. 

Other types of documents may include a funeral programme, a prayer card, or just the deceased family member's name. Consult your employer to find out exactly what documentation you need to prove the loss of your loved one.

Navigating compassionate leave as an employee 

Companies may have different procedures for requesting compassionate leave. To ensure a smooth process, it's important to ask your employer what you need to do to apply for compassionate leave. 

Below is a step-by-step guide on how to request compassionate leave in most companies:

• Check your company's policies to determine whether there is a formal bereavement policy and how many days of leave it allows you.
• Find out who you should speak with to request compassionate leave. This is usually your supervisor, manager, or somebody in human resources.
• Send a simple leave request email to the person to let them know that you want to apply for compassionate leave and ask them about the requirements you need to meet.
• Ensure you prepare the documents to prove your loss, such as an obituary, programme from the funeral, or death certificate.
• In some cases, you may need to fill out a form that includes details of your request. This could include your relationship to the deceased, the duration of leave you requested, and the funeral home's name.

The death of a loved one is a sensitive topic. Understandably, you may have trouble discussing it with your employer and colleagues. You should refrain from revealing any information you feel uncomfortable sharing with the company. 

Just explain why you want to take time off work and provide any information they need to process your compassionate leave request.

Also, ensure your team members know you're taking compassionate leave. This allows them to prepare for your absence and take over your job responsibilities while you're away.

Without worrying about what's going on at work, you can focus on your grieving process and your family's needs in these distressing times.

Managing compassionate leave requests as an employer 

In addition to having a compassionate leave policy, an employer can also support mourning employees in other ways. Appropriately responding to a compassionate leave request could help the employee cope with their loss and recover more quickly. 

The following are some best practices you should follow:

• Treat compassionate leave requests with confidentiality.
• Educate your employees on the needs of the bereft employee.
• Train your managers and supervisors to handle compassionate leave sensitively.
• Allow the grieving employee to have a flexible work schedule so they can tend to their personal needs.
• Assign one or more employees to help with the grieving employee's workload.
• For emotional support, the grieving employee should be connected with a colleague who is close to them or has had a similar experience.
• Provide additional assistance through an employee assistance programme.

How to extend compassionate leave in Malaysia 

If you're a grieving employee, some circumstances may make you need to extend your compassionate leave. 

Additional responsibilities may burden you after the death of your loved one, or you may need to travel a long distance to attend the funeral.

Sometimes, your employer will allow you to take additional time off for bereavement. In some companies, employees use their paid leave, such as sick annual or unpaid leave, to extend their compassionate leave. 

Also, some employers may offer mourning employees a more flexible work schedule, such as working part-time or remotely.

The impact of your absence on your team's performance and productivity is a factor that could affect your eligibility for a compassionate leave extension. 

Your employer is more likely to grant you a compassionate leave extension if they can find somebody who competently performs your duties and responsibilities while you're away.

Returning to work after bereavement 

Grief lasts longer than the two to five days of compassionate leave that most companies offer. When it comes time to return to work, you may not know what to expect. 

You'll probably feel anxious about what your colleagues may say or worry that your emotional state may affect your job performance. 

Here are some things you could do to better cope with grief at work:

• Focus on your job: Staying busy helps with healing. Don't expect to work at full capacity after your compassionate leave. Just focus on being productive to move your mind away from your grief. This will help you avoid feeling emotionally overwhelmed.
• Seek help or therapy: Don't feel ashamed to ask for help when needed. Open yourself up to your colleagues so that they understand what you're going through and provide the support you need. If you need help with emotional issues, consult a grief counsellor or therapist.
• Create breaks: While staying busy is important, don't forget to show yourself kindness. Grief saps your energy, so take breaks to prevent burnout. Doing breathing exercises, meditating, or walking helps reduce stress at work.

If you're an employer, you can help a grieving employee transition back to work by conversing with them. Try to find out what they need to overcome these difficult times and make the necessary adjustments to support them. 

These may include reducing their workload or changing their work schedule. You can also include grief counselling in your employee assistance programme or offer subsidies for grief counsellors to help the employees healthily process their emotions.

Wrapping up 

Compassionate leave is an important workplace policy, as it gives employees the emotional space they need to cope with the death of a loved one. Such a provision can help employees stay emotionally healthy and contribute to a positive work environment. 

Both employees and employers can play a vital role in supporting mourning employees. Grieving employees can more readily return to their daily routines when their colleagues understand their needs and make necessary adjustments to their workload.

Although it isn't a legal requirement, workplaces should strongly consider creating a company policy that mandates paid compassionate leave. This can go a long way in fostering a culture of understanding and compassion in the workplace, resulting in a happier and more dedicated workforce.

FAQs 

Here are answers to some frequently asked questions about compassionate leave:

1. How does compassionate leave work?
   Compassionate leave is a type of leave an employee can receive when a family member dies. Upon approval for the leave, you can take several days off work to grieve, attend the funeral, and manage any legal and financial responsibilities resulting from the death.
2. What is the typical duration of compassionate leave?
   Most companies offer grieving employees at least two days of paid compassionate leave. The exact duration varies from employer to employer.
3. Can I take compassionate leave for non-immediate family members?
   Depending on your company's policies, you may receive compassionate leave if the deceased loved one is a non-immediate family member. Usually, this kind of leave is only applicable to the death of immediate family members, such as a spouse, parent, child, or sibling.
4. Is compassionate leave paid or unpaid?
   You may receive paid or unpaid compassionate leave. However, many employers will continue to pay an empty employee's salary despite their absence from work.
5. How many days of compassionate leave am I entitled to?
   If your employer offers compassionate leave, you can take two to five days off from work.
6. Can I extend my compassionate leave?
   Extension of compassionate leave is at the discretion of the employer. Some companies allow their employees to take additional time off for bereavement, while others don't.
7. What happens if I need more time off than my compassionate leave allows?
   If you explain to your employer why you need a longer compassionate leave, they may be willing to grant you an extension. Alternatively, you can use other types of leave to get extra time away from work.
8. Do all companies offer compassionate leave?
   Not all companies have a compassionate leave policy. Then again, most of them allow employees to request a leave of absence to grieve the loss of a loved one.
9. Can I use sick leave instead of compassionate leave?
   Yes, you can try to use your sick leave to replace or extend your compassionate leave. However, there's no guarantee that you'll receive approved leave.
10. Are part-time employees eligible for compassionate leave?
    Again, it depends on your employer. Some companies provide compassionate leave to part-time workers.