On 22 September 2026, the government published their long-awaited response to their consultation seeking views on extending employees’ entitlement to bereavement leave following the death of a loved one.
Whilst many employers already choose to support their employees via specific compassionate leave policies, and there are already provisions in place for ‘parental bereavement leave’, many people still find themselves having to manage grief without the right to take time away from work.
The consultation sought views on wider eligibility to bereavement leave, focusing on the types of relationships that should apply, when and how leave should be taken, how much leave should be available and over what time period. It also asked for views on notice and evidence requirements.
When will the new bereavement leave rights come into force?
The government response indicated that new rights to statutory bereavement leave will be introduced in April 2027, with further guidance for employers and employees being produced in readiness for its introduction.
HR teams and managers will need to get to grips with new entitlements to leave that encompass a much wider range of situations, and it will be necessary to ensure systems are in place to accurately record and monitor these absences, potentially in conjunction with other types of leave, such as sick leave.
Who will be entitled to bereavement leave and what leave will be available?
- The right to bereavement leave from day one, meaning that employees can request bereavement leave from the first day of their employment.
- Employees will be able to take up to two weeks’ leave (pro-rata for part-time employees) in single days, within 56 weeks of the bereavement or date of knowledge.
- The leave is expected to be unpaid (although employers will be encouraged to consider enhancing this to paid leave).
- Eligibility for bereavement leave is expected to cover the death of a spouse, civil partner, partner (co-habiting or non-cohabiting in a committed long-term relationship), parent (including the kinship carer or foster carer equivalent), adult child and sibling (including adoptive, step and half sibling).
- Leave will cover all types of pregnancy loss before 24 weeks and will not only be available to the person who was pregnant, but also to the other parent or partner, an intended co-parent and intended surrogate parents.
- Notice can be given the same day if taken within eight weeks of bereavement and on one week’s notice after that, and notice can be in any form, and there will be no evidence requirements.
What should employers do now?
Although new legislation requires employers to focus on written policies and procedures, it is of course important to keep in mind that grief is very personal and impacts all of us differently. A sensitive and compassionate approach will help ensure that every employee feels supported and valued, whether they prefer to continue to work or wish to take time away from work.
The introduction of new legislation offers employers the opportunity to review how effective their policies and procedures are and to evaluate existing handbooks and employee support offerings.
If you would like to discuss updates to your policies or procedures in light of the significant reforms introduced by the Employment Rights Act 2025, please contact our Employment & HR team.
