From April 2027, employees will have a new statutory right to bereavement leave. We have known for some time that the right was coming under the Employment Rights Act 2025, but the Government has now published its consultation response confirming how it intends the entitlement to work in practice.
For HR, the message is clear: existing compassionate and bereavement leave policies will need a review. Here are five things to note:
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It will be a day-one right
Bereavement leave will be available from the first day of employment and will provide up to two weeks’ unpaid leave, based on the employee’s usual working pattern. For example, someone who normally works five days a week could take up to ten working days.
Importantly, those days will not have to be taken together. Employees will be able to take leave discontinuously, in units as small as a single day.
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The definition of bereavement is fairly broad, but not unlimited
Leave will cover the death of a spouse, civil partner or partner in a committed long-term relationship, whether or not they live together, as well as parents, adult children and siblings. Biological, adoptive, step and half relationships are included, together with equivalent parental relationships arising through kinship and foster care.
Grandparents, grandchildren, wider family members, close friends and “chosen family” are not included.
That distinction matters for employers whose existing policies are more generous. The Government describes the statutory entitlement as a minimum, and expressly encourages employers to go further where appropriate.
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Pregnancy loss is expressly covered
The new right will also apply to pregnancy loss before 24 weeks, including miscarriage, ectopic and molar pregnancy, termination and IVF embryo transfer loss. IVF loss before embryo transfer is not covered.
There is some confusion regarding terminations. The government’s consultation response states “we will include all types of pregnancy loss listed in the consultation”, going on to state “this includes ….all terminations”. But the consultation itself listed medical terminations conducted in accordance with s1 of the Abortion Act 1967 only, it did not cover all terminations. Clarity will hopefully be obtained on this when the draft legislation is brought forward.
Eligibility is not limited to the person who was pregnant. It extends to their spouse, civil partner, other parent or committed partner, as well as intended co-parents and intended parents in surrogacy arrangements.
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Employees will have considerable flexibility
Leave can be taken within 56 weeks of the death or pregnancy loss, or the employee becoming aware of it. This potentially allows employees to retain days for a funeral, anniversary, birthday or expected due date.
Notice requirements will also be light touch. During the first eight weeks after bereavement, notice need only be given before the employee starts work that day, or as soon as reasonably practicable afterwards. After eight weeks, one week’s notice will be required. Any form of notice will be acceptable and employers will not be entitled to require evidence of the bereavement.
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Don’t confuse it with Parental Bereavement Leave
The new right will sit alongside, rather than replace, Parental Bereavement Leave.
Parental Bereavement Leave applies in the more limited circumstances where a parent loses a child under 18 or experiences a stillbirth after 24 weeks. Crucially, qualifying employees may also receive Statutory Parental Bereavement Pay. The new bereavement leave entitlement, by contrast, will be unpaid.
The rights are separate, so there may be circumstances in which an employee qualifies for both. HR policies and systems will need to recognise that rather than treating one entitlement as cancelling out the other.
What should HR do now?
Start by reviewing existing bereavement, compassionate leave and pregnancy loss policies against the new statutory floor. Check eligibility, duration, pay, notice and evidence requirements, and consider whether existing enhanced arrangements should remain.
There is no need to reduce a more generous scheme simply because legislation now sets a minimum. Indeed, the Government is clear that this is intended to be a floor, not a ceiling.
Secondary legislation and accompanying guidance are still to come, with the new right due to take effect in April 2027.
For members of the HR Inner Circle, we will review our Bereavement Policy once we have the forthcoming secondary legislation and guidance.