A new extended right to bereavement leave – the Government’s response

The Employment Rights Act 2025 (the Act) will extend the circumstances in which employees will be entitled to statutory bereavement leave.  Currently, eligible employees have the right to parental bereavement leave.  Under the Act, bereavement leave will be extended to cover other bereavements, including pregnancy loss before 24 weeks.

Consultation

The Government published consultation in October 2025, seeking views on issues including:

• eligibility for bereavement leave
• when and how bereavement leave can be taken
• notice and evidence requirements.

Consultation closed in January 2026.

Bereavement leave – Government Response

The Government has now published its response to the consultation.  Key details of the response include the following:

Eligibility for bereavement leave.

Bereavement leave will be a day one right.  The leave will be unpaid.

In respect of the loss of loved ones, bereavement leave will apply in the case of the death of immediate family members (biological, adopted, step and half-relations), including spouses, civil partners, partners in a committed long-term relationship (cohabiting or non-cohabiting), parents, adult children and siblings.

In respect of pregnancy loss, leave will be available for the woman who was pregnant; the spouse, civil partner, other parent or partner of that woman; an intended co-parent; and intended parents in a surrogacy arrangement.  All types of pregnancy loss before 24 weeks will be included in the entitlement.

When and how bereavement leave can be taken

Employees will be entitled to up to two weeks of leave for all types of bereavement.  The leave will be representative of the employee’s average working pattern over two weeks.

Leave can start on the date of death or pregnancy loss or the date of knowledge of it.  Employees will be able to take the leave discontinuously, in units of one day, or in longer blocks.  It must be taken within 56 weeks of the death, or knowledge of the death.

Notice and evidence requirements

For leave taken within the first eight weeks of bereavement, employees will be required to give notice before they start work on the day they intend to take leave, or as soon as reasonably possible thereafter.

For leave taken after eight weeks of bereavement, the employee will be required to give one week’s notice before the requested date of leave.

All and any forms of notice will be acceptable.  There will not be a formal procedure for notification and employees will not be required to provide evidence of a bereavement.

Comment

The Government has clarified that bereavement leave will be unpaid but that it ‘encourages and supports employers going beyond this statutory minimum’.  The Government has committed to publishing guidance on bereavement leave for employers and employees.

It is anticipated that the extended rights will come into force in April 2027.

We can provide bespoke training on Employment Law for HR Professionals.  Contact us to find out more.

16 October 2026

2026 Scrase Law Ltd. This update is for general information only and is not advice. You are recommended to seek professional advice before taking any action on the basis of this update.