Bereavement leave – what’s changing?
Thursday 24th September 2026
The Government has published its response to the consultation on bereavement leave, providing further detail on the new statutory right introduced by the Employment Rights Act 2025.
The new right is expected to be introduced in April 2027.
What will employees be entitled to?
Bereavement leave will be available from the first day of employment. The right will apply following the death of a spouse, civil partner, long-term partner, parent, adult child or sibling, with the definition extending to adopted, step and half relationships, as well as certain kinship and foster care arrangements.
The Government has also confirmed that the entitlement will cover pregnancy loss before 24 weeks, including miscarriage, termination and unsuccessful IVF embryo transfer loss. Eligibility will extend beyond the pregnant person to include biological parents, partners and intended parents in surrogacy arrangements.
How will the leave work?
Eligible employees will be able to take up to two weeks’ unpaid leave, that may be taken in separate periods of at least one day.
Employees will have up to 56 weeks from the bereavement, or from becoming aware of it, to take the leave.
Notification requirements will also be flexible. During the first eight weeks after a bereavement, employees will only need to notify their employer before they would otherwise have started work, or as soon as reasonably practicable. After that period, one week’s notice will generally be required.
Importantly, employers will not be able to insist on evidence of the bereavement before granting leave.
What does this mean for employers?
Many employers already provide compassionate or bereavement leave either contractually or in their policies or staff handbook. However, the new legislation will introduce a statutory minimum entitlement and broaden the range of circumstances in which leave must be offered.
Employers should use the time before the new right is introduced to review family leave policies, consider how the new entitlement interacts with existing compassionate leave arrangements and update manager guidance on handling requests. Managers should be equipped to deal with requests sensitively and consistently.
If you would like to discuss how this new right may affect your business, including any policy updates or training needs, please contact a member of our Employment team.
