Loss of a loved one is an unexpected and painful event for anyone. It’s understandable and natural that we need time to process the loss, and deal with the funeral arrangements. Employers also have a duty to relieve the burden on their bereaved employee. One way to do this is to grant special leave, so-called “funeral leave”, in addition to basic leave. We’ve explored the details of this below.
Funeral leave is not really leave
What has become colloquially known as funeral leave is not really leave in the legal sense, but a kind of “absence”, or more precisely “exemption from work”. This is because the current provisions of the Hungarian Labour Code do not recognise the concept of special leave. Hence, it is not by accident that the legislators excluded absence requested because of the death of a relative from the scope of leave, as the rules on leave do not apply in this case.
What are the rules on leave that are not applicable in this case?
- Employees must give notice of their request for leave at least 15 days before the start of the leave. Since death is an unexpected event, 15 working days is not meaningful in this case. Employees can also request exemption from their obligation to work on the day of the death.
- When the employment relationship ends, if the employer has not granted the requisite proportional leave, this must be compensated for, except for paternity and parental leave. In the case of funeral leave, unused days cannot be redeemed because this would not be in line with the original purpose – to provide time.
Which legislation provides for the exemption from work?
Section 55 (1) of the Hungarian Labour Code provides for the various cases in which employers are obliged to exempt employees from their obligation to work. These include, but are not limited to, illness, compulsory medical examinations, donating blood or taking part in legal proceedings. Point (f) refers to the exemption in the event of the death of a family member:
Section 55 (1) An employee shall be exempted from their obligation to be available for and to work
f) for two working days upon the death of a relative.
Who counts as a relative?
The closing provisions of the Hungarian Labour Code define what constitutes a relative:
- spouse or partner,
- immediate relative (e.g. grandchild, child, parent, grandparent),
- adopted, step and foster children,
- adoptive, step and foster parents,
- sibling,
- spouse of an immediate relative (e.g. son-in-law, daughter-in-law),
- relative and sibling of spouse’s immediate relative (e.g. mother-in-law, father-in-law, sister-in-law, brother-in-law)
- and spouse of sibling (e.g. sister-in-law, brother-in-law).
This does not include aunts, uncles, cousins or godparents, which also means that in the event of their death, employees are not entitled to funeral leave.
How to request funeral leave?
The way to apply for funeral leave is to submit a request to the employer, stating the date of the absence, the reason, and the relationship to the deceased. The two days can be claimed in two instalments for days that are far apart in time (e.g. one day for a funeral and one day for a probate hearing).
The employer usually has a form for this purpose, which can be obtained from the HR department.
What documents need to be submitted or presented?
To get funeral leave, employers may ask for the death certificate or post-mortem report, subject to GDPR rules.
Until when can you take the two days off?
There is no deadline set in the Hungarian Labour Code, but in accordance with the principle of the proper exercise of rights, the two days must be granted in the period following the death, at the time requested by the employee. It is important to note that there is no 60-day limit.
One small loophole is that in the case of a change of job, the number of days issued or not in this way is not shown on the exit papers. Since this is not very common, there is no best practice, and the Labour Code does not give clear guidance on how to proceed in such a case.
What remuneration is paid for the period of absence?
Employees are entitled to an absence allowance for the period of the funeral leave, at the same rate as if they were on holiday.
Our article shows that absences for special reasons, such as funeral leave, can be treated differently from normal leave. Our payroll experts are happy to help our clients navigate their way among the many different types of leave and absence. Feel free to contact us.
