On 22 September 2026, the Government published its response to the consultation on bereavement leave, confirming a significant extension to employees’ statutory rights from April 2027.
Currently, statutory bereavement leave is relatively limited. Parents have a day-one right to two weeks’ Parental Bereavement Leave following the death of a child under 18 or a stillbirth after 24 weeks of pregnancy. There is no equivalent general statutory right following the death of another close family member or a pregnancy loss before 24 weeks.
A new right to family bereavement leave
Eligibility:
From April 2027, employees will have a day-one right to unpaid bereavement leave following the death of a:
- Spouse, civil partner or partner (co-habiting or non-cohabiting in a committed long-term relationship);
- parent;
- adult child; or
- sibling.
Importantly, the definition of family will recognise modern family relationships and extend to relevant step, half, adoptive, foster and kinship care relationships. However, the death of extended family members, such as aunts, uncles, cousins, grandparents, grandchildren, and in-laws, is not included.
Bereavement leave will also cover all types of pregnancy loss before 24 weeks, including IVF embryo transfer loss and terminations, and will be available to the pregnant person, the other parent or partner, an intended co-parent and the intended surrogate parents.
Duration and timing
Employees will be able to take up to two weeks’ leave (prorated to their usual working pattern). The leave will be capable of being taken flexibly within 56 weeks of the bereavement, including as individual days rather than requiring employees to take one continuous block. The intention of this is to allow employees to take leave around difficult periods, such as due dates, birthdays or anniversaries.
Notice and evidence requirements
The Government has adopted a relatively light-touch approach to notification. Where leave is taken during the first eight weeks following the bereavement, notice should be provided before the employee starts work on the day they intend to take leave, or as soon as reasonably practicable. Thereafter, one week’s notice is required. Any form of notice will be acceptable to allow employees to communicate in the way that is best for them (such as via WhatsApp or Teams) and no evidence will be required.
Will the leave be paid?
The new rights will be unpaid.
This is an important distinction from the existing Parental Bereavement Leave regime, under which eligible employees may also qualify for Statutory Parental Bereavement Pay.
Of course, many employers already offer paid compassionate or bereavement leave which goes beyond the statutory minimum. The new legislation will create a minimum legal entitlement rather than prevent employers from offering more generous arrangements.
However, the fact that the leave is unpaid may well limit the practical impact of this change and will likely result in employees opting to take sick leave, meaning that they benefit from contractual sick pay schemes or, at worst, SSP.
Protection for employees
Employees exercising their statutory right will be protected against detriment and dismissal because they have taken, or sought to take, bereavement leave.
The fact that it will be a day-one employment right also means employers will need to ensure managers understand that it applies irrespective of an employee’s length of service.
What should employers do?
There is no immediate action required, with the changes not taking effect until April 2027. The government has also confirmed that it will publish guidance next year, with calls for this to cover the interplay between sick leave/pay and bereavement leave.
However, and ahead of the official guidance and this coming into force in April 2027, employers should add bereavement and compassionate leave policies to their list of policies requiring review ahead of the April changes.
In particular, employers should consider whether their existing policies:
- cover the wider family relationships that will fall within the new statutory regime and if not, update them;
- consider whether to enhance the statutory minimum requirements- will paid leave be offered to some or all of the family relationships that come within the new regime, or does the employer think that the entitlement should extend to wider family members that are currently outside of the new statutory regime (grandparents, grandchildren, aunts, etc.);
- if paid leave is offered as part of a contractual entitlement, does the employer want to prescribe different eligibility or notification requirements and, if so, this needs to be reflected in contracts and policies;
- train managers on the full scope of the entitlement and the regime, particularly regarding notice, evidence and the method of communication, as well as the right not to be subject to detriment or dismissal.
For employers already offering generous, compassionate leave arrangements, the practical impact may be relatively limited. For others, this represents an important extension of the statutory safety net.
Either way, bereavement is an area where good HR practice should rarely be about doing the bare legal minimum. The new rights provide an opportunity for employers to review not only whether their policies will be legally compliant, but whether they provide the level of compassion and flexibility they would want employees to experience at one of the most difficult times in their lives.
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lreynolds@refreshinglawltd.co.uk
Lousha Reynolds
Refreshing Law