The Employment Rights Act 2025 confirmed that there was due to be a new extended right to bereavement leave, but we have been waiting for further details. Following a consultation the Government has now confirmed that from April 2027 employees who experience the loss of a loved one will be entitled to up to two weeks' unpaid leave. The leave will also be available to employees who experience pregnancy loss before 24 weeks. This new statutory leave will be available from day one of employment.
We explore more about the new leave below.
Who will be eligible to take the new leave?
The right to take unpaid bereavement leave will be a day one right, which is available to all employees.
Who is covered as a “loved one” under the new law?
The new entitlement reflects modern family structures by extending eligibility beyond traditional family relationships. Employees will be entitled to bereavement leave following the death of a spouse, civil partner, partner in a committed long-term relationship, parent, adult child or sibling, including biological, adopted, step and half relatives. Equivalent parental relationships arising through kinship and foster care arrangements will also be covered.
The Government has stated that these reforms will "bring the UK's laws into the 21st century", recognising relationships that have historically fallen outside statutory protections, including step and foster family relationships.
For the first time, employees who experience pregnancy loss before 24 weeks will also have a statutory right to bereavement leave. This entitlement will cover all forms of pregnancy loss before 24 weeks, including miscarriage, ectopic pregnancy, molar pregnancy, chemical pregnancy, termination and unsuccessful IVF embryo transfer loss.
Importantly, the right will not be limited to the individual who experienced the pregnancy loss. Leave will also be available to spouses, civil partners, partners, the other biological parent, intended co-parents and intended parents in surrogacy arrangements. This reflects the Government’s view that pregnancy loss affects the whole family.
How will this new right operate?
Eligible employees will be entitled to up to two weeks' unpaid leave, calculated based on their average working pattern. The leave may be taken flexibly, including as individual days rather than in a single continuous block, and can be used within 56 weeks of the bereavement or pregnancy loss. Employees will be able to start their leave from either the date they become aware of the death or pregnancy loss, or the date the death or pregnancy loss occurs.
The Government has sought to balance the needs of bereaved employees with employers' operational requirements by introducing relatively flexible notice provisions. Employees taking bereavement leave within the first eight weeks following a bereavement will only be required to notify their employer before they start work on the day leave is taken, or as soon as reasonably practicable afterwards. Any form of communication will be acceptable.
Where leave is taken more than eight weeks after the bereavement, for example to mark an anniversary, birthday or other significant date, employees will generally be required to provide one week's notice. The Government considers this approach strikes an appropriate balance between allowing employees flexibility in how they grieve and giving employers sufficient time to plan for absences.
What does this mean for employers?
Lots of employers already offer compassionate leave arrangements which go beyond statutory minimum requirements. However, organisations should begin reviewing their bereavement leave, compassionate leave and pregnancy loss policies ahead of the April 2027 changes.
Anna Bithrey comments
The introduction of a day-one right to bereavement leave is a significant step forward in recognising the realities of modern family life and the impact that bereavement and pregnancy loss can have on employees. While many employers already provide compassionate leave, the new statutory framework will require organisations to review their policies and ensure managers are equipped to respond consistently and sensitively when employees experience loss.
If you would like any advice regarding bereavement leave, please contact a member of our Employment Team.
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