Employees may be hit with sudden news of a family member passing away. Some might be required to help organise or attend the funeral, make arrangements for the belongings left behind, or simply need some alone time to grieve. That’s when compassionate leave or bereavement leave comes into the picture.
All companies should be prepared for unfortunate circumstances like this — here’s everything you need to know.
Compassionate leave refers to time off provided to employees when a family member passes away. It can be paid or unpaid, depending on the terms put forth by the employer — in an employment contract, or through a company policy.
While bereavement leave and compassionate leave may refer to different things in other countries, in Malaysia, compassionate leave and bereavement leave are often used interchangeably, and they refer to the same thing. It is often used to refer to paid time off taken after the death of a loved one.
There is no statutory entitlement for compassionate leave under the Employment Act. Companies are not required to provide compassionate or bereavement leave to employees — but it is common practice for most companies to outline this provision in employment contracts as part of a mutual agreement between employers and employees.
Even if compassionate leave is not mentioned in any documentation, employers may still choose to grant the leave if requested by the employee.
As companies are not legally required to provide compassionate leave, it leaves the decision of whether to grant compassionate leave to an employee fully in their hands. They can refuse to grant compassionate leave if they want to, although it will definitely affect the employee’s trust and loyalty to the company.
If the employee cannot produce any proof of death, such as a death certificate, the employer also has the right to deny their request for compassionate leave. Alternatively, employees can choose to utilise their annual leave or take unpaid leave if their request for compassionate leave is rejected.
Companies in Malaysia typically offer two to five days of paid compassionate leave, but it differs from employer to employer. Some companies also vary the number of days provided, depending on the employee’s relationship to the deceased family member. If it is someone within the immediate family, some companies will offer a longer period of compassionate leave, as compared to the death of grandparents, or in-laws.
The death of more distant relatives such as aunts, uncles and cousins, as well as friends generally will not entitle employees to any compassionate leave.
As Malaysia is a multi-racial and multi-religious country, it is imperative to take into consideration the fact that different races and religions have varying practices, and as such, the duration of each funeral differs.
Even though it is not a legal requirement for companies in Malaysia to offer compassionate and bereavement leave entitlements, companies should strongly consider drafting a policy to mandate compulsory compassionate leave.
After all, your workforce should be your priority. Providing such benefits is a form of investment into their personal well-being — it will only serve to benefit both the company and employees in the long run.
The policy should include:
Some companies may also choose to provide more compassionate leave for longer serving employees in their compassionate leave policy.
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If you’re at a loss on how to help employees handle grief at work, we’ve got a few handy tips you might find helpful.
Returning to work after taking the full entitlement of compassionate leave is always the hardest part. There isn’t a standard or correct answer as to when an employee should return to work, and two to five days (the usual amount of compassionate leave provided) generally doesn’t allow enough time to properly grieve.
But everyone processes grief in different ways — some might bury themselves in work as a distraction, while others may struggle to be productive at work because they are running on autopilot, numb from overwhelming emotions. The pain from the loss of a loved one stays — for weeks, months, and years. You have to let each individual grieve at their own pace.
Even walking through the door of the office or starting work online every day can take a huge amount of effort. Acknowledge that effort and encourage them continually as they readjust.
As a business owner or HR leader, it’s important to first recognize the individual needs of the employee. Ask them, “How can I help?” or “What do you need?”, so you can assist their transition back to work in a difficult time. Rather than try to lighten their mood or say platitudes for their loss, it’s crucial for them to feel supported. Reassure them that their mental health and well-being is a priority, and that they will not have to worry about job security.
Every employee’s situation is different, so creating a work arrangement that works best for them is key. Create a ‘return to work plan’ that provides structure for them, but with a reduced working capacity so they aren’t swarmed with an overwhelming workload immediately upon their return.
This will not only strengthen their trust and loyalty with the company, but also enable them to focus fully on their own emotional healing with a peace of mind.
There’s nothing worse than an employee returning back to work and feeling as if they have to hide their sadness, pretending that nothing happened even when their world is crumbling around them. Regardless of whether it’s back to work in-office or remotely, employees are likely to have a stressful time. They should feel safe enough to be their true selves at work, and not have to put on a brave front.
Apart from giving employees the time and space to grieve in private whenever needed, it’s important to check in with them often to see how they are coping, and what adjustments can be made to support them. How you take care of your employees in a trying period of grief will stick with them and resonate for years.
If they trust in you and feel supported, they’ll be more likely to open up about their grieving process, rather than suppress all those emotions and suffer in silence. Being a good listener is key — but remember to also be patient, and treat them with empathy.
An Employee Assistance Program (EAP) provides 24/7 support over the phone, face-to-face or online for employees. These confidential conversations with trained counsellors are free for employees to access, providing an extremely helpful resource to employees who may be grieving or experiencing any other hardships.
If your company provides an EAP, encourage your employee to utilise that resource fully. It sends the message that the company cares for their welfare deeply, and enables them to reach out to professional help so that they can process death and loss with privacy.
When someone is grieving, they would want to find people who have had similar experiences to commiserate with. Connecting employees to grief support groups that they can join allows them to confide in people who truly understand what they’ve been through, and can provide tips and guidance on how to navigate through the darkest of times. Examples include Child Bereavement Support Malaysia, Grace to Grieving Persons Outreach (GGP) and more.
Not only does it provide them with a supportive community they can lean on, it also enables them to properly grieve outside of work. This creates a healthy separation between their personal and professional lives, which will ease their transition back to work.
While you’re giving the grieving employee the time and space to process their loss, it’s also important to maintain clear communications with the rest of the team who will be impacted. Some of the employee’s existing workload will have to be delegated to other team members to ease the pressure on them — it’s imperative to foster a culture of compassion and understanding in the workplace, so no resentment builds up within the team.
Encourage their coworkers to be strong, understanding, and support each other along the way — everyone is in this together as a team. Regardless of who’s facing the unfortunate situation of losing their loved ones, everyone should be pitching in to help as much as they can.
Grieving and loss are sadly an inevitable part of life. As an employer or HR manager, it’s a situation you don’t want to face, but have to prepare for.
Employment Hero is an all-in-one HR and payroll software that allows you to send employment contracts and policies (like the compassionate leave policy) to employees digitally during their onboarding process, for fuss-free signing and acknowledgement. This way, they’ll be clearly aware of their rights and entitlements when it comes to dealing with such situations.
Leave management is also made easy with employee self-service. All employees can see their leave balances and submit leave requests electronically, automatically notifying management who can view an individual’s leave balance, as well as a team leave calendar. Everyone has transparency into their team’s movements. Regardless of whether your team is working in-office or remotely, they’ll be able to request compassionate leave wherever they are.
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Disclaimer: The information in this article is current as at 18th Oct 2022, and has been prepared by Employment Hero Pty Ltd (ABN 11 160 047 709) and its related bodies corporate (Employment Hero). The views expressed in this article are general information only, are provided in good faith to assist employers and their employees, and should not be relied on as professional advice. The Information is based on data supplied by third parties. While such data is believed to be accurate, it has not been independently verified and no warranties are given that it is complete, accurate, up to date or fit for the purpose for which it is required. Employment Hero does not accept responsibility for any inaccuracy in such data and is not liable for any loss or damages arising either directly or indirectly as a result of reliance on, use of or inability to use any information provided in this article. You should undertake your own research and seek professional advice before making any decisions or relying on the information in this article.
