Regulation of Mourning Leave: What You Need to Know

Legally, mourning leave is currently not regulated. In a recent study by Panteia, it was found that out of the 105 largest collective bargaining agreements, only 21 included provisions for bereavement leave. Shockingly, the four largest collective bargaining agreements did not have any bereavement leave arrangements in place.

Struggling with Mourning? Here's What to Do.

Employees who are dealing with the loss of a loved one often find themselves in a difficult situation. Existing leave arrangements are not specifically designed to cater to their needs, leaving them with the option of calling in sick. This can be challenging, as they may not actually be ill and do not receive the support they need. The process of visiting a company doctor and the associated stress can be overwhelming when trying to return to work.

Duration and Conditions for Taking Bereavement Leave

Statutory bereavement leave applies in the event of the death of a partner or a minor child, and the employee is responsible for taking care of one or more minor children. In such cases, employees are entitled to paid mourning leave equivalent to their weekly working hours. The employer is obligated to provide financial compensation during this time.

Mourning leave can be taken flexibly from the day after the funeral up to one year after the loss of the loved one.

There is room for customization, allowing employers to extend the duration of mourning leave or apply it to other situations. However, employers may argue that compelling business interests hinder the inclusion of such provisions.

Financial Impact on Employers

Estimates suggest that employers bear a financial burden of around four million euros annually due to mourning leave. These costs may already be incurred through existing sick leave policies or non-statutory bereavement leave arrangements.