Consultation response published on bereavement leave, including pregnancy loss

The Government has published its response to the consultation on a new statutory right to bereavement leave, including pregnancy loss. The response confirms that employees will have a day-one right to unpaid bereavement leave following the death of a loved one with the new entitlement expected to come into force through secondary legislation in April 2027.

• Who will be eligible? The right will apply to employees who experience pregnancy loss before 24 weeks and other specified bereavements, including the death of immediate family members (biological, adopted, step and half-relations) such as a spouse, civil partner, long-term partner, parent, adult child, sibling, or someone in an equivalent parental relationship arising through arrangements such as kinship or foster care.
• Pregnancy loss before 24 weeks: The entitlement will cover all types of miscarriage before 24 weeks (including ectopic pregnancy, molar pregnancy and chemical pregnancy), all terminations and IVF embryo transfer loss. Eligibility will extend to the person who experienced the pregnancy loss, as well as their spouse, civil partner or partner, the other parent, intended co-parents and intended parents in a surrogacy arrangement.
• Amount of leave: Employees will be entitled to up to two weeks’ unpaid leave. Leave will be pro-rated according to the employee’s normal working pattern.
• Flexible use: Leave will not need to be taken in one continuous block. Employees will be able to take it in single-day increments, recognising that grief and practical commitments may arise at different points.
• Timing: Leave must be taken within 56 weeks of the bereavement or the date the employee becomes aware of it. This wider window is intended to allow leave to be used around key dates such as funerals, anniversaries, birthdays or due dates following pregnancy loss.
• Notice: In the first eight weeks after the bereavement, notice can be given before the employee starts work on the day of leave, or as soon as reasonably practicable afterwards. For leave taken more than eight weeks after the bereavement, employees will need to give one week’s notice. Notice may be given in any reasonable form, including text, email or phone.
• Evidence: Employees will not have to provide evidence of their bereavement to access leave. The Government concluded that evidence requirements could create unnecessary barriers, particularly where formal evidence may not exist.

The Government intends to publish guidance for employers and employees, including on supporting bereaved employees, interaction with sick leave and other rights, and good practice around return-to-work support.

Prior to implementation in April 2027 employers should review their relevant policies, ensure that staff such as HR teams and managers are aware of the changes and provide guidance and training where necessary. 

The consultation response can be viewed here: Government Response to the Leave for Bereavement including Pregnancy Loss Consultation