The Government has published its response to the consultation on the new statutory right to bereavement leave introduced by the Employment Rights Act 2025 (‘ERA 2025’). The response confirms the intended scope and practical operation of the entitlement, which is expected to come into force in April 2027.
Currently, statutory bereavement leave is limited to employees whose child under 18 dies or who experience a stillbirth after 24 weeks of pregnancy. They may qualify for up to two weeks of parental bereavement leave and, subject to separate eligibility criteria, statutory parental bereavement pay. The ERA 2025 reforms will introduce a separate day-one right to unpaid leave following a wider range of bereavements, including pregnancy loss before 24 weeks. Regulations are still required to implement the detailed rules, but the Government’s consultation response sets out its intended approach.
Who Will Qualify?
Bereavement leave will be available following the death of a spouse, civil partner or partner in a committed long-term relationship, whether or not the couple lived together. It will also cover parents, adult children and siblings, including biological, adopted, step and half-relations. Equivalent parental relationships will be recognised where an employee was raised through kinship or foster care arrangements.
For pregnancy loss before 24 weeks, eligibility will extend to the person who was pregnant, their spouse, civil partner or long-term partner, the other biological parent or intended co-parent, and intended parents in a surrogacy arrangement. All types of pregnancy loss before 24 weeks will be covered, including miscarriage, termination and unsuccessful IVF embryo transfer.
When and How Leave Can Be Taken
Eligible employees will be entitled to up to two weeks of unpaid leave, calculated pro rata by reference to their usual working pattern. Employers may choose to enhance the statutory entitlement, including by offering paid leave.
Leave may be taken in single days or longer blocks. It must be taken within 56 weeks of the death or pregnancy loss, or, if later, the date on which the employee became aware of it.
Notice and Evidence
For leave taken during the first eight weeks after the bereavement, notice must be given before the employee starts work on the day of leave or as soon as reasonably practicable afterwards. For leave taken later, the employee must give at least one week’s notice. Notice may be provided in any form.
Employees will not be required to provide evidence of the bereavement or pregnancy loss. The Government nevertheless encourages employers and employees to communicate openly when agreeing arrangements that meet both parties’ needs.
What Should Employers Do?
Before April 2027, employers should review their bereavement, family leave and absence policies to ensure the new entitlement is properly reflected. They should also consider whether to enhance the statutory entitlement, for example by offering paid leave. Existing policies may already go beyond the statutory minimum, but eligibility, notice and duration should be checked against the final regulations.
The Government is expected to publish implementation guidance alongside the new right to clarify the responsibilities of employers and employees.
For further information on the latest developments under the ERA 2025, visit our Reform Hub.
