Bereavement leave – new statutory right

On 22 September 2026, the government published its response to the consultation on the new right to bereavement leave under the Employment Rights Act 2025.

From April 2027, the government is introducing a statutory, day-one right to bereavement leave. Leave will be available for the following:

• Employees who experience a pregnancy loss before 24 weeks (including terminations and IVF embryo transfer loss). Leave will also be available to the other biological parent, partners and intended parents in a surrogacy arrangement.
• Employees who experience a bereavement of a spouse, partner (cohabiting and non-cohabiting), parents, adult children, siblings (biological, adopted, step and half) and equivalent parental relationships for those raised in kinship arrangements of by foster carers.

Employees will be able to take up to two weeks of unpaid leave, based on their average working pattern. Leave can be taken within 56 weeks of bereavement and can be taken in discontinuous single days. Employees are only required to provide notice as soon as reasonably practicable, the same day if taken within the first eight weeks of bereavement, and one week’s notice thereafter. There is no requirement to provide evidence of the bereavement.

There is already an existing statutory entitlement to parental bereavement leave, but this is limited to parents whose child under 18 has died or who experience a stillbirth after 24 weeks of pregnancy.

While the right to bereavement leave is not available until April 2027, schools are advised to review their current policies on bereavement and compassionate leave and make any necessary changes in advance of the new right coming into force.

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