Who is entitled to special leave due to the death of a family member?
The death of a loved one is one of the most difficult experiences in life. In such moments, an employee has the right to take special leave, which allows them to attend the funeral and deal with essential family matters. But who exactly is entitled to such a day off work?
Under the provisions of the Polish Labour Code and the Regulation of the Minister of Labour and Social Policy of 15 May 1996, special leave is granted in the event of the death of the following people:
- Spouse,
- Parents (including mother-in-law and father-in-law),
- Children (biological and adopted),
- Siblings,
- Grandparents and grandchildren,
- Stepfather and stepmother,
- People under the employee's direct care or dependent on the employee.
The employer interprets the term "family member" in accordance with the regulations listed above. This means that even in the event of the death of someone such as a grandmother, grandfather or another close person with whom we are not necessarily directly related, but who remains under our care, we can apply for special leave (see the article Special leave in connection with the death of loved ones, a wedding and the birth of a child — rules for granting it, available at cuk.pl).
To take the leave, you need to submit an appropriate special leave application. It is worth remembering that the employer is obliged to grant such time off work if all the formalities are met. There is no need to include any details in the employment contract, because the right to special leave arises directly from the regulations.
Knowing these regulations allows an employee to consciously exercise their rights in difficult moments, such as the death of loved ones. This makes it possible to devote yourself fully to your family and sort out the necessary matters without the additional stress of work.
How many days off are you entitled to in connection with the death of a family member?
Losing a loved one is an extremely difficult time, during which an employee needs support and the opportunity to focus on their family. In such a situation, labour law provides for special leave, allowing for a dignified farewell and time to grieve. But how many days of special leave are you entitled to in the event of the death of different family members?
Under the regulation on the manner of justifying absences from work and granting employees time off work, an employee is entitled to:
2 days of leave – in the event of the death of:
- a husband or wife,
- a child (biological or adopted),
- a father or mother,
- a stepfather or stepmother.
1 day of leave – in the event of the death of:
- a sibling,
- a father-in-law or mother-in-law,
- a grandmother or grandfather,
- a grandson or granddaughter,
- another person dependent on the employee or under their direct care.
This means that in the event of the death of a father, mother or child, an employee has the right to use two days of special leave. In the case of more distant relatives, such as a grandmother and grandfather or parents-in-law, one day off is granted (see the article Special leave in the event of the death of a family member, available at poradnikpracownika.pl).
Special leave for a funeral makes it possible to attend the ceremony and deal with the necessary formalities without the burden of professional duties. Importantly, special leave is paid, so the employee receives their normal remuneration for the leave.
Does special leave have to be taken on the day of the funeral?
Losing a loved one is a moment full of sadness and numerous responsibilities. In such a situation, does bereavement-related special leave have to be used exactly on the day of the funeral? Labour law gives the employee flexibility in this respect.
There is no obligation to take special leave exactly on the day of the ceremony. You can use special leave on the days preceding or following the funeral, depending on your needs (see the article Is an employee entitled to time off if the funeral takes place on a Saturday? Can the employer demand a death certificate? Watch out for GDPR!, available at infor.pl). This is important when you need to deal with formalities, such as obtaining a death certificate or organising the ceremony.
To exercise this right, you need to submit a leave application. The employer should respect your decision as to the date, because special leave in the event of the death of a loved one is due to the employee by operation of law. Remember that unused special leave lapses, so it is worth planning it in a way that best meets the challenges of this difficult time.
Is a death certificate needed for special leave?
When the death of a loved one affects us, formalities are the last thing we want to think about. However, to be granted special leave, it is worth knowing whether providing a death certificate is necessary.
Can the employer ask for a death certificate?
Yes, the employer has the right to ask for a document confirming the circumstance entitling the employee to special leave. This may be the death certificate of a grandmother, sister or another family member. This is a standard procedure that allows the additional days off due to the death of a loved one to be granted correctly.
How much time does the employee have to provide the death certificate?
The law does not specify an exact deadline for providing the death certificate. What matters, however, is handing it to the employer within a reasonable time after returning to work. This way the employee is entitled to two days of leave (or one day), which they can use without worrying about the formalities.
Why is this important?
Providing the death certificate not only justifies the absence, but also enables the correct settlement of the special leave for the funeral granted at such a difficult time. This allows the employee to focus on grieving, confident that all the formalities have been completed.
Can the employer refuse special leave?
Imagine that the death of a loved one affects you, and in this difficult time your employer refuses to grant special leave. Do they have the right to do so?
When can the employer refuse special leave?
Under the law, special leave due to the death of a loved one is due to every employee. The employer should not refuse to grant it if all the formalities have been met. The only situation in which they may do so is a lack of confirmation of the circumstance entitling the employee to the leave, e.g. failure to present a death certificate.
What to do in the event of an unjustified refusal?
If the employer refuses to grant special leave without grounds, you have the right to:
- submit a written explanation of the situation, emphasising your right to additional days off due to the death of a loved one.
- consult the National Labour Inspectorate (Państwowa Inspekcja Pracy) for support and information on further steps.
- seek the help of a lawyer specialising in labour law to pursue your rights.
Remember that special leave for a funeral is granted on the basis of the applicable regulations, and the employee is entitled to two days off or one day, depending on the degree of kinship. Being granted special leave is your right, which should be respected.
Summary
Life can take us by surprise when we least expect it, especially when the death of a loved one affects us. In such moments, bereavement-related special leave is not only a right but also a necessity, which allows you to grieve without the additional stress of work. Special leave is due in the event of the loss of a family member, and its length depends on the degree of kinship.
To exercise this right, the special leave must be used at a time directly connected with the event. Unlike annual leave, which can be planned in advance, this leave is meant for sudden and unforeseen situations, such as a death and the funeral of a sister or another loved one. The employer is obliged to grant it if all the formalities are met.
Knowing your rights in such difficult moments allows you to focus on what matters most—saying goodbye to a loved one and supporting your family. Remember that special leave due to the death of a loved one is your right, which should be respected and is meant to help you get through this hard time.
