Statutory bereavement and pregnancy loss leave: details now confirmed

The Government has now published its response to the consultation on the new statutory bereavement leave regime.  The new right is due to come into force in April 2027 and will give employees a day-one right to take time away from work following the death of a loved one or pregnancy loss. 

What's covered?

The new entitlement will apply to the death of certain close family members, together with pregnancy loss before 24 weeks.

For deaths of loved ones, eligible relationships will include:

• spouses and civil partners;
• partners in a committed long-term relationship, whether or not they live together;
• parents;
• adult children; and
• siblings, including biological, adopted, step and half-siblings. 

The legislation will also recognise equivalent parental relationships where an employee was raised by kinship carers or foster carers. 

The Government has opted for a defined list of relationships. While this creates more certainty for employers, we anticipate that many employers will continue exercising discretion where a bereavement falls outside this  framework. 

Pregnancy loss

The entitlement to bereavement leave will cover all forms of pregnancy loss before 24 weeks, including:

• miscarriage;
• ectopic pregnancy;
• molar pregnancy;
• all lawful terminations;
• chemical pregnancies; and
• IVF embryo transfer loss

The Government took the view that creating distinctions between IVF losses and other pregnancy losses would risk establishing a "hierarchy of loss" and that all pregnancy losses before 24 weeks should be treated consistently. However, there will be a distinction between IVF embryo transfer loss and losses occurring before transfer. IVF embryo loss prior to transfer will not fall within the scope of the new right. 

Who can take leave following pregnancy loss?

The right to take leave will not be limited to the pregnant mother. 

Those eligible to take leave will include:

• the pregnant mother;
• their spouse, civil partner or partner in a committed long-term relationship;
• the other biological parent;
• an intended co-parent; and
• intended parents in a surrogacy arrangement. 

This reflects the Government's recognition that pregnancy loss can have a profound emotional impact not only on the person who physically experiences the loss but also on others who were expecting to become parents. 

How much leave may employees take?

Employees will be entitled to up to two weeks' bereavement leave,  pro-rated to their normal weekly working pattern.  The same entitlement will apply regardless of whether the bereavement relates to the death of a loved one or pregnancy loss. 

Again, employers are free to offer longer bereavement leave if they wish to do so. 

When can leave be taken?

Employees will be able to take the leave within 56 weeks of the bereavement itself or becoming aware of the death or pregnancy loss. 

The 56-week window mirrors the existing parental bereavement leave regime and is intended to provide flexibility for employees who may wish to take leave around anniversaries, birthdays, due dates, funerals or other significant dates.

The leave does not have to be taken as a continuous block, but can be taken in single days or other discontinuous "blocks". 

This is a significant departure from many existing statutory leave rights and reflects that grief is unpredictable and may affect individuals at different points over an extended period. 

Will the leave be paid?

The Government has confirmed that the new statutory entitlement will be unpaid, although employers are free to offer enhanced paid leave. 

Notice and evidence

For leave taken within the first eight weeks of the bereavement, notice can be given before the employee would otherwise start work or, if that is not possible, as soon as reasonably practicable afterwards. 

For leave taken more than eight weeks after the bereavement, employees will generally be required to provide one week's notice. 

Any form of notice will be acceptable, including informal methods of communication.

There will be no evidence requirement. Employees will not have to produce a death certificate, medical evidence or other documentation in order to take leave, as the Government considered this would be too intrusive. 

What should employers be doing now?

Ahead of the implementation date, employers should: 

• review existing compassionate and bereavement leave policies;
• decide whether bereavement leave should remain paid, unpaid or partly paid;
• consider how current pregnancy loss policies interact with the new regime;
• train managers on sensitive conversations around bereavement and pregnancy loss;
• review absence recording systems to accommodate discontinuous leave taken in single days; and
• watch for the detailed regulations and Government guidance promised ahead of implementation. 

The new entitlement will set out the statutory minimum. Many employers already go further and are likely to continue doing so. However, from April 2027 all employers will need policies and processes capable of accommodating a much broader range of bereavement-related absences than has previously been required.