New day-one right to bereavement leave confirmed by Government
The Employment Rights Act 2025 flagged that an expanded bereavement leave entitlement was on the way, though the finer details had yet to be worked out. Following a consultation, the Government has confirmed that from April 2027, workers who lose a loved one will be able to take up to two weeks off, unpaid. The same entitlement will extend to those who suffer a pregnancy loss before the 24-week mark. Crucially, this will be a day-one right, meaning employees won’t need to build up any length of service to qualify.
Employment lawyer, Natalie Peacock, said: “Extending the right to bereavement leave is a positive step for both employers and employees as it will give employees the necessary space to grieve without the pressures of focusing on work at a time when they are understandably struggling.”
Who qualifies?
Because it’s a day-one right, every employee will be covered from the moment their employment begins.
What counts as a ‘loved one’?
The definition has been deliberately widened to reflect how families actually look today, rather than sticking to the narrow, traditional categories. Leave will be available following the death of a spouse, civil partner or long-term partner, as well as a parent, adult, or child sibling. This also extends to biological, adoptive, step and half relations. Kinship carers and foster parents in equivalent parental roles are also included.
According to the Government, these chases are designed to modernise the law and finally give recognition to relationships such as step-family and foster-family bonds that have traditionally sat outside statutory protection.
In a further first, anyone experiencing pregnancy loss before 24 weeks will gain a statutory right to bereavement leave. This covers the full range of pregnancy loss scenarios including miscarriage, ectopic and molar pregnancies, chemical pregnancy, termination and failed IVF embryo transfers.
The entitlement isn’t restricted to the person who physically experienced the loss. Spouses, civil partners, the other biological and intended parents or co-parents in surrogacy arrangements will also be able to take the leave. A recognition, the Government says, that pregnancy loss impacts the whole family unit, not just one individual.
How will the entitlement work in practice?
Qualifying employees can take up to two weeks off unpaid, with the amount calculated according to their normal working pattern. There’s flexibility in how its used, it doesn’t have to be taken as one continuous block and can instead be spread across individual days, and employees have a 56 week window from the date of the bereavement or pregnancy loss in which to use it. The clock can start either from the date of the loss itself or from the date the employee finds out about it.
Notice requirements have been kept fairly light-touch, striking a balance between employee wellbeing and business planning needs. If the leave is taken within eight weeks of the bereavement, employees simply need to tell their employer before their shift starts on the day, or as soon as they reasonably can afterwards. If the leave falls outside that eight-week window a week’s notice will typically be expected. The Government sees this as a reasonable compromise between giving people room to grieve in their own way and giving employers enough warning to manage staffing.
What should employers be doing now?
Many employers already go beyond the statutory minimum with existing compassionate leave policies. Even so, business should start reviewing their bereavement, compassionate leave and pregnancy loss policies now, ahead of the changes taking place in April 2027.
How we can help
Our employment law team can review your bereavement, compassionate leave and pregnancy loss policies, update your handbooks and contracts and make sure you know how to handle requests sensitively and lawfully.
For further advice and assistance in Employment Law matters please do not hesitate to contact Natalie Peacock at natalie.peacock@rogers-norton.co.uk