The Government has published its response to the consultation on amendments to bereavement leave, giving employers an indication of the changes they will need to prepare for.
The modifications to the new Employment Rights Act, expected to come into force in April 2027, will create a wider statutory right to “bereavement leave”.
Petra Nadvinski in Wake Smith’s employment law team looks at the key changes for employers to consider.
Under current legislation, parents already have a right to two weeks’ bereavement leave following the loss of a child under 18 years of age, or in the case of a stillbirth after 24 weeks of pregnancy.
Leave for other losses is generally at the discretion of the employer and is commonly dealt with as compassionate leave under workplace policies.
The changes will create a wider statutory right to “bereavement leave”.
The new right extends the current framework by covering pregnancy loss before the 24-week mark and by applying the leave to a wider range of familial relationships.
Petra said: “Importantly for employers, bereavement leave will be a day-one right, meaning employees will qualify from the first day of employment without needing to satisfy a qualifying period.
“There will also be no evidence requirements for employees seeking to rely on the entitlement, so employers should consider now whether their policies, manager guidance and internal processes will be ready to deal with requests appropriately.”
The key changes employers should prepare for include:
- Eligibility for pregnancy loss: time off work will be available to employees who suffer a pregnancy loss in the first 24 weeks of pregnancy. This will include the ending of a pregnancy in any way that is not a live birth, including miscarriage, termination and unsuccessful IVF embryo transfer. Leave will be available to biological parents, partners and intended parents in surrogacy arrangements; and
- Eligibility for more loved ones: in addition to the existing rights, leave will also be available following the bereavement of spouses, cohabiting and non-cohabiting partners, parents, adult children and siblings, including adopted, step and half siblings. It will also apply to parental relationships involving those raised by foster carers or within kinship arrangements.
Under the changes, employees will be entitled to take up to two weeks of leave, which can be taken within 56 weeks of the bereavement.
For the purposes of the Act, this period will start from the date of death or pregnancy loss, or the date on which the employee becomes aware of it.
The leave will not need to be taken in one block and can be taken in separate periods, provided each period is at least one day long. Employers should therefore consider how payroll, absence management and line manager processes will record and manage these requests.
Any form of notice will be acceptable. Employees will be able to inform their employer as soon as reasonably practicable and, in any event, on the same day during the first eight weeks of bereavement. From week 9 onwards, one week’s notice is required. Employers should ensure any internal policy reflects this approach and avoids imposing additional procedural barriers.
Petra added: “The existing protections for employees who take parental bereavement leave, such as the right not to be dismissed or suffer any other detriment because they have taken leave, will also apply to employees who take bereavement leave. This means employers should take care to ensure absence triggers, performance processes and return-to-work arrangements do not disadvantage employees exercising the new right.”
Further guidance will be published in the coming months to support employers in implementing bereavement leave and to help employees understand and access the entitlement.
Employers should consider reviewing their compassionate leave, family leave and absence policies, as well as any manager guidance on handling sensitive absence requests, so they can update their approach once the final rules are confirmed.
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