The new bereavement laws coming into force in April 2027 will give more employees a statutory right to take time off following the death of a loved one. The changes will also introduce specific protections for employees experiencing pregnancy loss before 24 weeks.
For employers and HR professionals, the reforms represent an important expansion of existing bereavement rights. Organisations will need to review their policies, understand who qualifies for leave and ensure managers can respond appropriately when employees experience a loss.
The Government confirmed further details on 22 September 2026, following its consultation on bereavement leave. Although the new entitlement will be unpaid, employers should consider whether their existing compassionate leave entitlement provides sufficient support.
What Are the Current Bereavement Leave Laws?
Currently, employees in Great Britain do not have a general statutory right to bereavement leave whenever a family member dies. Their entitlement depends on the circumstances, their employment contract and whether another statutory right applies.
Under the Employment Rights Act 1996, employees have the right to take a reasonable amount of time off to deal with an emergency involving a dependant. This includes making arrangements following a dependant’s death.
A dependant may include a spouse, civil partner, child, parent or someone who lives in the employee’s household; it can also include someone who reasonably relies on the employee for assistance.
However, time off for dependants is intended to address immediate practical matters rather than provide an extended period for grieving. There is no statutory requirement for employers to pay employees during this absence. Employees who lose a child under 18, or experience a stillbirth after 24 weeks of pregnancy, have additional rights under the Parental Bereavement (Leave and Pay) Act 2018.
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Eligible employees can take two weeks of parental bereavement leave from their first day of employment. Statutory parental bereavement pay is available to employees who satisfy the relevant qualifying conditions. For other bereavements, employers may provide contractual or discretionary compassionate leave. The amount of leave and whether it is paid will depend on the organisation’s policy or employment contract.
What is Changing Under the New Bereavement Laws?
The Employment Rights Act 2025 introduces a broader statutory right to bereavement leave, scheduled to take effect in April 2027.
Under the new arrangements, eligible employees will be entitled to unpaid leave following the death of specified family members. The entitlement will also extend to pregnancy loss before 24 weeks.
The Government confirmed that employees will receive at least one week’s leave following the death of a qualifying family member. Those experiencing a qualifying pregnancy loss will be entitled to two weeks.
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The new bereavement laws will also allow employees to take leave flexibly within 56 weeks of their loss. Leave will be available as individual days rather than one continuous block. Employees taking leave within the first eight weeks after a bereavement will only need to notify their employer as soon as reasonably practicable. They will not be required to provide evidence of their loss.
These arrangements are intended to recognise that bereavement affects individuals differently. They will also give employees greater flexibility to manage funerals, family responsibilities and significant dates following a loss. The detailed rules will be implemented through secondary legislation before the new entitlement takes effect. Employers should therefore monitor the final regulations when updating their policies.
Who Will Be Eligible for Bereavement Leave?
The new bereavement laws will introduce a day-one entitlement for eligible employees, meaning there will be no minimum length of service. The Government has confirmed that the right will apply following the death of a spouse or partner, parent, adult child or sibling. The qualifying relationships will also include relevant step, half, adoptive, kinship care and foster relationships.
This expansion is particularly significant for employees whose family arrangements are not adequately reflected in traditional workplace policies. For example, an employee who loses a stepparent may currently depend entirely on their employer’s discretionary compassionate leave arrangements. From April 2027, qualifying relationships will receive statutory protection.
Employers should not assume that the new entitlement covers every possible personal relationship. The final regulations will establish the qualifying conditions, and organisations should ensure their policies accurately reflect them. However, employers remain free to offer more generous support. A compassionate leave entitlement can extend to grandparents, close friends or other important relationships even where statutory bereavement leave does not apply.
Bereavement Leave When a Parent Dies
Bereavement leave when a parent dies is one of the areas where the reforms will provide greater certainty.
Currently, an employee may qualify for reasonable time off for dependants to deal with immediate arrangements following a parent’s death. However, there is no general statutory entitlement to a separate period of leave for grieving.
From April 2027, the death of a qualifying parent will fall within the new statutory bereavement leave entitlement. This will give eligible employees at least one week of unpaid leave. The Government has also confirmed that the new arrangements will recognise relevant step, adoptive, kinship care and foster relationships.
Employers should review how their existing policies define a parent and ensure that their approach reflects the new eligibility rules. Managers should also recognise that employees may need additional support beyond their statutory entitlement. Depending on the circumstances, further compassionate leave, annual leave or temporary adjustments to working arrangements may be appropriate.
New Bereavement Rights Following Pregnancy Loss
The extension of bereavement leave to pregnancy loss is another significant development. Currently, statutory parental bereavement leave in Great Britain applies following the death of a child under 18 or a stillbirth after 24 weeks of pregnancy. Pregnancy loss before 24 weeks does not generally qualify for that entitlement.
From April 2027, employees experiencing pregnancy loss before 24 weeks will be entitled to two weeks of unpaid bereavement leave. The Government has confirmed that the new right will cover miscarriage, termination and unsuccessful IVF embryo transfers. It will also extend to qualifying partners, recognising that pregnancy loss can affect more than the person who was pregnant.
HR professionals should ensure their policies address pregnancy loss sensitively and explain how employees can access the new entitlement. Confidentiality will be particularly important. Employees may not wish to disclose personal medical information to their manager or colleagues, and the Government has confirmed that evidence of the loss will not be required.
Employers should also consider whether their existing sickness absence, maternity and compassionate leave policies interact appropriately with the new entitlement.
Is Bereavement Leave Paid?
A common question for employers and employees is whether bereavement leave is paid; the new statutory bereavement leave entitlement will be unpaid. Employers will not be legally required to provide statutory bereavement pay under the April 2027 reforms.
This is separate from existing parental bereavement pay, which remains available to employees who meet the relevant qualifying conditions following the death of a child or a qualifying stillbirth.
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Employers can nevertheless choose to provide paid compassionate leave through their employment contracts or workplace policies.
Organisations that already offer paid bereavement leave should review whether the benefit will continue alongside the new statutory entitlement. They should also clarify whether employees can receive additional unpaid leave after exhausting their contractual allowance. A clear policy will help prevent confusion about pay and ensure that managers apply the organisation’s arrangements consistently.
How Can Employers Prepare for April 2027?
HR teams should begin preparing before the new bereavement laws take effect. Although the final regulations will provide further detail, the Government’s September 2026 announcement establishes the main features of the entitlement.
Preparation should focus on updating policies, improving management practices and ensuring that employees can access leave without unnecessary administrative difficulties.
Review Bereavement and Compassionate Leave Policies
Employers should begin by reviewing their existing bereavement, compassionate leave and time off for dependants policies.
The updated policy should distinguish between statutory bereavement leave, parental bereavement leave and any additional contractual entitlement. It should explain eligibility, the amount of leave available and whether employees will receive pay. Policies should also reflect the expanded qualifying relationships and the new entitlement following pregnancy loss.
Where an organisation already provides more generous support, HR should make clear how that benefit interacts with the statutory minimum. Employers should avoid unintentionally reducing existing contractual entitlements when implementing the reforms.
Update HR and Payroll Systems
The new entitlement will require employers to record and administer bereavement leave accurately.
HR systems should be capable of distinguishing statutory bereavement leave from sickness absence, annual leave and other forms of family-related leave. Payroll teams will also need to understand when leave is unpaid and how any contractual paid entitlement should be processed.
The ability to take leave flexibly within 56 weeks may require changes to existing absence management systems. Employers should ensure employees can request individual days without encountering unnecessary administrative barriers. Records should be handled confidentially, particularly where an absence relates to pregnancy loss or sensitive family circumstances.
Train Managers to Respond Sensitively
Employees experiencing a loss may be distressed, uncertain about their entitlement or unable to provide detailed information immediately. It is crucial for managers to understand how to respond compassionately while following the organisation’s procedures.
Training should cover eligibility, notification requirements, confidentiality and the distinction between statutory and discretionary leave.
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Managers should also understand that employees taking leave within the first eight weeks after a bereavement will only need to provide notice as soon as reasonably practicable. Hence, they should be trained to avoid placing unnecessary pressure on employees to explain their circumstances or return before they are ready.
Review Notification and Evidence Requirements
Existing absence procedures may require employees to provide advance notice or supporting documentation. These requirements will need to be reviewed in light of the new arrangements.
The Government has confirmed that employees will not be required to provide evidence of their bereavement or pregnancy loss. Employers should therefore ensure their policies do not require death certificates, medical records or other documentation as a condition of accessing the statutory entitlement.
Notification procedures should also reflect the more flexible arrangements during the first eight weeks following a loss. HR teams should establish straightforward processes that allow employees to notify the appropriate person without repeatedly discussing sensitive personal circumstances.
Plan for Flexible Leave and Return-to-Work Support
The ability to take bereavement leave over 56 weeks means employers should prepare for requests that arise well after the initial loss.
An employee may need time off for a funeral, family responsibilities or another significant occasion. Therefore, employers should keep in mind that employees may not take bereavement leave immediately or continuously. Moreover, employers should consider how to support employees returning to work.
Temporary changes to working hours, flexible working arrangements or adjustments to responsibilities may help employees manage their return. Regular conversations can identify whether additional support is necessary. A compassionate approach should recognise that grief does not follow a predictable timetable.
Understand the Legal Risks
The new bereavement laws will introduce protections against detriment and dismissal for employees exercising their statutory right to leave.
Employers should therefore ensure that employees are not penalised for taking qualifying bereavement leave. Attendance management, performance assessments and disciplinary procedures should be reviewed to prevent inappropriate treatment. Managers should also avoid making assumptions about how quickly an employee should recover from a bereavement.
In some circumstances, bereavement-related difficulties may overlap with other employment law protections. For example, an employee experiencing a mental health condition that satisfies the statutory definition of disability may be entitled to reasonable adjustments under the Equality Act 2010.
Pregnancy loss may also raise separate legal considerations depending on the circumstances. Employers should assess individual situations carefully rather than relying solely on their general bereavement policy.
New Bereavement Laws: Just a Starting Point
The April 2027 reforms will provide greater certainty for employees experiencing the death of a loved one or pregnancy loss. They will also require employers to reconsider how their existing compassionate leave entitlement operates.
HR teams should use the remaining preparation period to review policies, update administrative systems and ensure managers understand the new eligibility and notification requirements.
Although the statutory entitlement will be unpaid, employers may wish to consider whether additional paid leave or flexible working arrangements would provide more meaningful support.
The new bereavement laws establish a minimum level of protection. Employers that combine legal compliance with clear procedures and compassionate management will be better equipped to support employees through difficult circumstances.
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