New statutory bereavement leave rights from April 2027 

The Government has published its response to the consultation on bereavement leave, confirming the details of the new statutory entitlement introduced by the Employment Rights Act 2025. The reforms will create a new day-one right to unpaid bereavement leave for employees who experience the death of certain loved ones or a pregnancy loss before 24 weeks. The Government intends to bring the new regime into force in April 2027. 

What is the new entitlement?

Currently, statutory bereavement leave is limited to parental bereavement in relation to the death of a child before they reach 18. Under the new framework, employees will be entitled to take up to two weeks’ leave following the death of a spouse, civil partner, partner, parent, adult child, or sibling. The entitlement will also apply to equivalent parental relationships arising through foster care and kinship arrangements.

One of the most notable aspects of the reforms is the extension of statutory leave to apply to pregnancy loss before 24 weeks. The right will cover all forms of pregnancy loss, including miscarriage, ectopic pregnancy, molar pregnancy, medical termination and IVF embryo transfer loss. Eligibility will not be restricted to the person who experienced the pregnancy loss. Partners, intended co-parents and intended parents in surrogacy arrangements will also be able to take leave.

Taking bereavement leave

Employees will be entitled to take up to two weeks of unpaid leave, based on their normal working pattern, and will be able to take that leave in single-day increments rather than in one continuous block. Leave may be taken at any point within 56 weeks of the bereavement or pregnancy loss, allowing employees to take time off for funerals, anniversaries and other significant dates.

Notice requirements will be minimal, with employees generally able to notify their employer on the day leave is taken in the first eight weeks following a bereavement. Any form of notice will be acceptable. The consultation specifically refers to methods such as text message, WhatsApp, Teams, email or telephone. No evidence will be required to access the entitlement; employees will not be required to provide death certificates, medical records or other proof of loss.

The Birketts view

Although many employers already offer compassionate leave policies, the new statutory framework will require organisations to review their existing arrangements before implementation. Employers should consider whether their bereavement and family leave policies reflect the wider range of qualifying relationships, how requests will be recorded and managed, and whether line managers require training to deal with bereavement-related absences consistently and sensitively.

For many employers, the most significant practical change will be the introduction of protected leave for pregnancy loss before 24 weeks and the ability for leave to be taken intermittently over a 56-week period. With implementation scheduled for April 2027, employers should begin reviewing policies and absence-management processes well in advance to ensure they are ready for the new regime.