The Government has confirmed the details of a new statutory right to bereavement leave, including an entitlement for employees affected by pregnancy loss. The new rights form part of the Employment Rights Act 2025 and are expected to come into force in April 2027, following the introduction of secondary legislation.
The Government published its response to the consultation on 22 September 2026, confirming how the new entitlement will work in practice. For employers and HR professionals, the changes will mean reviewing existing bereavement or compassionate leave policies, as well as ensuring managers understand the new rights.
Who Will Be Entitled to Bereavement Leave?
The new right will be a day-one employment right, meaning employees will not need to have completed a minimum period of service to qualify. Bereavement leave will be available where an employee experiences the death of:
- A spouse or civil partner
- A partner in a committed long-term relationship, whether or not they live together
- A parent
- An adult child
- A sibling
The entitlement will include biological, adopted, step and half relationships, as well as equivalent parental relationships arising through kinship care and foster care.
Bereavement Leave Following Pregnancy Loss
The new legislation will also introduce a statutory right to bereavement leave following pregnancy loss before 24 weeks. This includes miscarriage, termination of pregnancy and IVF embryo transfer loss. IVF embryo loss before transfer is not included.
The entitlement will extend beyond the person who was pregnant to certain partners and other recognised parental relationships, including spouses, civil partners, committed partners, intended co-parents and intended parents in a surrogacy arrangement.
How Much Leave Will Employees Receive?
Employees will be entitled to up to two weeks of unpaid bereavement leave, but it will not have to be taken as a continuous block. It can be taken flexibly in discontinuous single days, based on the employee’s average working pattern.
Leave must be taken within 56 weeks of the bereavement or, where relevant, when the employee becomes aware of the loss.
What Notice is Required?
The notice requirements will depend on when the leave is taken.
During the first eight weeks following the bereavement, employees only need to notify their employer before that are due to start work that day, or as soon as reasonably practicable.
After eight weeks, they will generally need to give one weeks’ notice.
Importantly, employers cannot require evidence of the bereavement as a condition of taking statutory bereavement leave.
Protection for Employees
Employees taking statutory bereavement leave will be protected against detriment and dismissal for exercising the right. Further detail on these protections will be set out in the secondary legislation.
What Does This Mean for Employers?
Employers should start to consider how the new rights will fit alongside their existing arrangements:
- Bereavement and compassionate leave policies – Check whether current provisions need updating to reflect the new statutory entitlement
- Existing paid leave arrangements – Employers can continue to offer enhanced contractual benefits above statutory minimum
- HR and payroll processes – Ensure systems can record and administer the new unpaid leave entitlement
- Manager training – Managers should understand the new rights and know how to respond sensitively to bereavement and pregnancy loss
- Evidence requirements – Existing policies should not require employees to provide evidence where they are taking the new statutory leave
Employers should also consider how the new entitlement will work alongside Parental Bereavement Leave, which will continue to apply where a child under 18 dies or there is a stillbirth after 24 weeks, subject to the relevant eligibility rules.
Getting Ready for April 2027
Although the new rights are not expected to take effect until April 2027, employers should keep their policies and procedures under review and prepare for the changes.
We’ve created a free factsheet summarising the key bereavement leave changes taking effect in April 2027. Download the factsheet to understand the new rights and what employers should be doing now.
Need Help Preparing for the Changes?
Keeping up with employment law changes can be challenging, particularly when new statutory rights need to be incorporated into existing polices and HR processes.
EML provides practical, straightforward HR, Employment Law and Health, Safety & Wellbeing support to organisations of all sizes. If you need advice on the new bereavement leave rights, or support reviewing your HR policies ahead of the changes, contact the team on 01942 727200 or email enquiries@employeemanagement.co.uk
