Losing a loved one is difficult enough without worrying about work, rosters, or leave entitlements. If you work for the HSE in Ireland, you may be entitled to paid compassionate leave (officially referred to in HSE policy as bereavement leave) following the death of a close family member or dependent person.
Many employees are unsure about:
- How many days they can take
- Whether the leave is paid
- Which relatives are covered
- What happens if the funeral is abroad
- How compassionate leave works for rostered staff
- How to apply for HSE bereavement leave
This guide explains HSE compassionate leave entitlements in plain English, based on the current HSE Staff Leave guidance and HSE HR Circular 029/2019.
ℹ️ Quick answer: Under current HSE bereavement leave rules: • Up to 20 working days paid leave may be granted following the death of a spouse, cohabiting partner, child, or dependent person. Bereavement leave is granted at the time of the bereavement and depends on your scheduled or rostered work days. |
HSE Compassionate Leave Entitlements at a Glance
Relationship to the Deceased | Paid Leave Entitlement |
Spouse / Cohabiting Partner | Up to 20 working days |
Child / Dependent Child / Adopted Child | Up to 20 working days |
Person in domestic dependency relationship | Up to 20 working days |
Parent | Up to 5 working days |
Brother / Sister | Up to 5 working days |
Father-in-law / Mother-in-law | Up to 5 working days |
More distant relative (special circumstances) | Up to 3 working days discretionary |
Overseas funeral travel | Additional paid leave at employer’s discretion |
What Is Compassionate Leave in the HSE?
In the HSE, compassionate leave is referred to as bereavement leave under the official leave policy. Bereavement leave is paid time off work granted after the death of a close relative, partner, child, or dependent person.
The purpose of the leave is to allow employees time to:
- Grieve
- Attend funerals
- Support family members
- Manage immediate responsibilities
- Make funeral arrangements where necessary
The HSE bereavement leave policy is outlined in the HSE Staff Leave guidance and HSE HR Circular 029/2019, which came into effect for bereavement leave commencing on or after 1 October 2019. The 2019 circular replaced the previous compassionate leave provisions set out in HR Circular 016/2012.
The revisions in 2019 were made to bring HSE arrangements into line with Labour Court Recommendation LCR22015 and Department of Health Circular 15/2019. The result was longer paid entitlements for close family bereavement and clearer rules around eligibility.
| ⚠️ Important: Bereavement leave is generally only granted around the time of the bereavement and is not normally applied retrospectively for non-rostered days. This rule is set out specifically in HSE HR Circular 029/2019. |
How Many Days Compassionate Leave Does the HSE Give?
The amount of compassionate leave you may receive depends on your relationship to the deceased.
Up to 20 Working Days Paid Leave
You may be granted up to 20 working days (28 calendar days) of paid bereavement leave following the death of:
- Your spouse
- Cohabiting partner (including same-sex partner)
- Child
- Adopted child
- Child for whom you act in loco parentis
- A person in a relationship of domestic dependency
The policy applies to same-sex partners and to dependent relationships where the person lived in the same household and was dependent on the employee.
Up to 5 Working Days Paid Leave
You may be granted up to 5 working days (7 calendar days) of paid leave following the death of your:
- Father
- Mother
- Brother
- Sister
- Father-in-law
- Mother-in-law
Can the HSE Grant Additional Compassionate Leave?
Yes. In certain situations, additional leave may be granted at management discretion.
Up to 3 Additional Days Special Leave
The HSE may grant up to 3 working days of special leave for the death of a more distant relative where exceptional circumstances apply. Examples include:
- Living in the same household as the deceased
- Taking responsibility for funeral arrangements
- Being the closest available next-of-kin
This type of leave is considered on a case-by-case basis. There is no automatic entitlement; the decision rests with the line manager and HR.
Funerals Abroad: Additional Paid Leave
If you need to travel overseas to arrange or attend a funeral for an eligible relative, the HSE may grant additional paid special leave. According to HSE HR Circular 029/2019, this is at the employer’s discretion and depends on the circumstances. The provision is particularly relevant for employees with close family living outside Ireland.
Is HSE Bereavement Leave Paid?
Yes. Approved HSE bereavement leave is paid leave. The amount granted depends partly on your roster, scheduled shifts, and whether you were due to work during the leave period.
HSE policy states that bereavement leave is granted at the time of the bereavement and is not normally applied retrospectively for days when an employee was not rostered to work. This is especially relevant for:
- Shift workers
- Part-time staff
- Healthcare employees working rotating rosters
| Practical example: If your spouse passes away on a Friday and your next rostered shifts are Monday, Tuesday, and Wednesday, your bereavement leave applies from Monday onwards. You do not receive additional bereavement days for Saturday or Sunday if they were already your rest days. |
What HSE Bereavement Leave Usually Does Not Cover
There are some important limitations employees should be aware of. Bereavement leave is generally not intended for:
- Leave taken retrospectively (after returning to work without prior approval)
- Days when you were not rostered to work
- Extended leave without management approval
- Relatives outside the categories covered by policy rules
- Cumulative “days off” rather than days surrounding the bereavement
Managers may exercise discretion in some situations, but this depends on the specific circumstances and operational requirements.
Can You Take Compassionate Leave Later?
Usually, no. HSE policy clearly states that bereavement leave is intended to support employees immediately following the bereavement. This means it is:
- Taken around the time of death or funeral arrangements
- Linked to rostered work days
- Not granted retrospectively
If the bereavement occurs during annual leave or scheduled days off, additional bereavement leave may not automatically apply. The leave is designed to allow time around the death and funeral itself, not as a deferred entitlement to take later.
In rare and exceptional cases, managers may consider discretionary arrangements. If a situation arises where leave was not taken at the time of the bereavement for genuine reasons (such as illness preventing travel), it is worth discussing with HR rather than assuming the option is closed.
How to Apply for HSE Bereavement Leave
Employees typically apply through one of two routes:
- HR and Payroll Self Service (ESS/MSS) – the standard online route
- The HR 108(d) Bereavement Leave Application Form where ESS/MSS is unavailable
Applications usually require:
- Your relationship to the deceased
- The dates of leave requested
- The date of death
- Manager approval
Managers review applications in line with HSE HR Circular 029/2019.
| ⚠️ Important: You cannot give notice of bereavement leave in advance. The leave is granted at the time of the bereavement, not pre-booked. Submit the application as soon as practicable after the death. |
What Is the HSE HR 108(d) Form?
The HR 108(d) is the official HSE Bereavement Leave Application Form, used when online self-service systems are unavailable. The form includes:
- Employee details
- Leave dates requested
- Relationship to the deceased
- Number of days applied for
- Manager approval section
The explanatory notes attached to the form also outline:
- Leave entitlements by relationship category
- Special leave arrangements
- Overseas funeral provisions
- Roster-related rules
Completed forms should be submitted to your line manager for approval. You may be asked to attach supporting documentation such as a death notice or, in some cases, a copy of the death certificate.
Compassionate Leave vs Force Majeure Leave: Different Entitlements
Many employees confuse compassionate leave with force majeure leave. They are different types of leave, with different rules and legal bases.
Compassionate Leave (Bereavement Leave) | Force Majeure Leave |
| Used following the death of a close family member or dependent person | Used for urgent family emergencies involving illness or injury where the employee’s presence is essential |
| Governed by HSE HR Circular 029/2019 (for HSE staff) and individual employer policies (for others) | Governed by Section 13 of the Parental Leave Act 1998 (statutory entitlement for all employees) |
| Up to 20 working days for spouse/child | 3 days in 12 months, or 5 days in 36 months |
| Granted at the time of bereavement; not retrospective | Taken at the time of the emergency; no advance notice required |
| Death of a relative is the trigger | Sudden serious illness or injury of a family member is the trigger |
Read our detailed guide to Force Majeure Leave Ireland for the full statutory rules around emergency leave for living relatives.
Does the HSE Offer Support During Bereavement?
Yes. HSE policy expects line managers to be sensitive to employees experiencing bereavement. Support is also available through:
- HSE Occupational Health Service – for staff whose grief affects their physical or mental health and capacity to work
- HR support services at local level
- Employee Wellbeing resources, including counselling and Employee Assistance Programmes (EAPs)
- National HR Employee Helpdesk: 1800 444 925, for general queries about bereavement leave entitlements
| ℹ️ Contact for HR queries on the circular itself: Anna Killilea, HSE Corporate Employee Relations, HR Directorate, 63-64 Adelaide Road, Dublin 2. Tel: 01 662 6966. Email: [email protected]. (Individual queries from employees or managers should be referred to local HR Departments first.) |
Common Situations Employees Ask About
What if the funeral is overseas?
Additional paid leave may be granted at employer discretion when overseas travel is required for funeral arrangements. Speak to HR as soon as possible to discuss what arrangements can be made.
What if I work shifts?
Your entitlement depends partly on whether you were rostered to work during the leave period. Bereavement leave is not paid for days you were not scheduled to work. Discuss the specifics of your roster with your line manager.
What if the bereavement happens during annual leave?
Bereavement leave is intended for the time immediately surrounding the death and funeral. Retrospective leave for days during annual leave does not automatically apply. In some cases, where annual leave can be re-credited, this may be considered on a case-by-case basis.
What if the relative is not listed in the policy?
Managers may approve up to 3 days of discretionary special leave in exceptional circumstances – particularly where there is a dependency relationship or where the employee is responsible for funeral arrangements. There is no automatic entitlement; each case is considered on its facts.
What if my partner is pregnant and we experience pregnancy loss?
Pregnancy loss may be addressed under bereavement leave provisions if it meets the definition applicable in the relevant policy or, in some circumstances, under the Maternity Protection Act 1994. Speak to HR confidentially about what support is available.
Final Thoughts
Grief affects everyone differently, and practical concerns like work leave can feel overwhelming during an already emotional time. The HSE bereavement leave policy is designed to give employees protected paid time away from work following the death of a close relative or dependent person.
Understanding your compassionate leave entitlement can reduce some uncertainty during a difficult period. If you are unsure about your specific situation, it is usually best to:
- Speak with your line manager
- Contact HR directly
- Review HSE HR Circular 029/2019 directly
- Call the National HR Employee Helpdesk on 1800 444 925
Frequently Asked Questions (FAQs)
Yes. In HSE policies, compassionate leave is referred to as bereavement leave. The two terms describe the same entitlement.
Up to 20 working days for the death of a spouse, partner, child, or dependent person. Up to 5 working days for the death of parents, siblings, or parents-in-law. Up to 3 discretionary days for more distant relatives in exceptional circumstances.
Yes. Approved HSE bereavement leave is paid at the employee’s normal rate of pay, subject to the entitlement applicable to the relationship to the deceased and the number of rostered work days affected.
The standard entitlements set out in HSE HR Circular 029/2019 are not normally refused where the relationship and circumstances meet the policy criteria. Additional discretionary leave requests may depend on management approval, operational requirements, and the specific circumstances.
Possibly. Additional paid leave may be granted at the employer’s discretion where overseas travel is necessary for funeral arrangements. The amount and approval depend on the circumstances and your line manager’s review.
The death of a grandchild is not explicitly listed in the standard entitlement categories. In some circumstances, where there is a dependency relationship or where the grandparent is responsible for funeral arrangements, up to 3 days of discretionary leave may apply.
Yes. Employees can request additional time off using annual leave after their bereavement leave entitlement is used. This must be approved in the normal way through your line manager.
Bereavement leave is granted at the time of the bereavement. It is not granted retrospectively for non-rostered days. The expectation is that you take the leave around the time of the death and funeral, not weeks or months later.
⚠️ Disclaimer: This article is for general informational purposes only and should not be considered legal, employment, or HR advice. For queries specific to your situation, contact your line manager, HR department, or the HSE National HR Employee Helpdesk.
