Bereavement Leave Rights

As part of the Employment Rights Act 2025, the UK Government is introducing significant changes to statutory bereavement leave entitlements. These changes, which are expected to come into force in April 2027, will significantly expand the existing statutory framework.

The Current Position

At present, statutory bereavement leave is limited to Parental Bereavement Leave, which applies only to parents who have suffered the loss of a child under the age of 18, or a stillbirth occurring after 24 weeks of pregnancy. This entitlement is a day-one right and is paid, providing up to two weeks’ leave.

What is Changing?

From April 2027, in addition to the existing Parental Bereavement Leave entitlement (which will continue to apply and remain a paid entitlement), a new statutory Bereavement Leave entitlement will be introduced. This will cover a wider range of relationships and circumstances. This will also be a day-one right, meaning employees will be entitled to take bereavement leave from their first day of employment. However, this new additional entitlement will be unpaid leave.

Who Will Be Covered?

• The new bereavement leave will be available to employees following the death of:
  a spouse or civil partner;
• a partner in a long-term relationship (including both cohabiting and non-cohabiting partners);
• an adult child;
• a sibling (including adopted, step, and half-siblings); and
• a person with whom the employee had a parental relationship arising from kinship or foster care.

This last category recognises that “parent” does not just mean a biological parent. Employees who have been raised by kinship carers (such as grandparents, aunts, uncles, or other relatives) or foster carers will be entitled to bereavement leave.

Pregnancy Loss

The new rights will also extend to pregnancy loss occurring before 24 weeks, including IVF loss. Those entitled to leave in these circumstances will include:
• the pregnant person;
• their spouse, civil partner, other parent, or committed partner; and
• the intended parents in surrogacy arrangements.

The Rights

Employees will be entitled to take up to two weeks of unpaid leave, which must be taken within 56 weeks of the bereavement. The 56-week period begins from either the date of death or pregnancy loss, or the date the employee became aware of it, whichever is later.
The leave can be taken either as a continuous two-week block or broken into smaller periods, provided each period is a minimum of one day.

Requirements

For the first eight weeks after the bereavement, notice need only be given before the employee starts work that day, or as soon as reasonably practicable if that is not possible. After eight weeks, one week’s notice is required. Notice can be given in any form and there is no requirement for written notice.

Significantly, employers cannot require employees to provide evidence of the bereavement or pregnancy loss in order to take the leave. All that is required from the employee’s perspective is that they fulfil the notice requirements.

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