Bereavement Leave Changes from April 2027: What Employers Need to Know

The short answer

The Employment Rights Act 2025 provides a framework for wider statutory bereavement leave. The Government intends to introduce the entitlement in April 2027, subject to implementing regulations. Eligible employees in Great Britain are expected to have a day-one right to up to two weeks of unpaid leave for specified close family bereavements or pregnancy loss before 24 weeks. The announced policy allows single-day leave within 56 weeks and requires no evidence. The wider right is not available yet; existing statutory rights and workplace policies continue to apply. 

What is changing?

At present, there is no general statutory right to take time away from work to grieve after the death of an adult family member or friend. The Employment Rights Act 2025 creates a framework for a wider bereavement leave entitlement, including pregnancy loss. In its 22 September 2026 consultation response, the Government set out the main policy details and said it intends to implement the right through secondary legislation from April 2027. 

The announced entitlement is framed for employees in Great Britain. Workers who do not have employee status and self-employed people are outside the stated scope. Employment status depends on the facts; an agency worker may be an employee or a worker depending on the arrangement. Northern Ireland has a separate employment-law system, so employers with staff there should check the rules that apply there.

Who will be able to take the new leave? 

The Government intends the right to cover an employee following the death of specified immediate family members. The announced scope includes a spouse, civil partner or partner in a committed long-term relationship, whether or not they live together; a parent; an adult child; or a sibling. The listed relationships include biological, adopted, step and half-relations. Equivalent parental relationships will also be recognised where an employee was raised in kinship care or by foster carers. 

The announced list does not include every relationship. Grandparents, grandchildren, aunts, uncles and close friends are not included in the stated categories. Employers may choose to provide more generous contractual or discretionary compassionate leave, and the Government encourages employers to consider individual circumstances.

How will pregnancy loss be covered? 

Under the Government’s announced proposals, the right is expected to cover pregnancy loss before 24 weeks. The Government says this includes all types of miscarriage, including ectopic, molar and chemical pregnancy; terminations; and a failed IVF embryo transfer resulting in the embryo not implanting. It does not include IVF embryo loss before transfer. 

Under the announced proposals, leave is expected to be available to the person who was pregnant and, in the circumstances specified by the Government, their spouse, civil partner, the other biological parent or a partner in a committed long-term relationship. The announced scope also includes an intended co-parent and intended parents in a surrogacy arrangement. 

This is a sensitive area. Employers should avoid seeking unnecessary personal details and should wait for the regulations and accompanying guidance before finalising evidence, notice and recording procedures.

How much leave will employees be able to take? 

Under the Government’s announced policy, eligible employees are expected to have up to two weeks of unpaid leave following a qualifying bereavement. The amount will be based on the employee’s average working pattern. Leave can be taken in discontinuous periods, including single days, within 56 weeks of the loss. The 56-week period will run from the date of the death or pregnancy loss, or from the date the employee became aware of it. 

The flexibility is intended to recognise that grief does not follow a fixed timetable. It may allow someone to attend a funeral, manage practical matters or take time around a significant date. The new statutory leave will be unpaid, although an employer can choose to pay some or all of it under its policy or contract. 

What notice and evidence will be required? 

The Government’s consultation response says that no evidence of the bereavement will be required. During the first eight weeks after the loss, the announced policy is to give notice before starting work on the day of leave, or as soon as reasonably possible afterwards. After the first eight weeks, the announced rule is one week’s notice. Any form of notice is expected to be acceptable. The detailed legal requirements will be set out in the implementing regulations. 

What rights apply before April 2027? 

Until the new entitlement comes into force, employees should check their contract, staff handbook and any compassionate or special leave policy. Many employers already provide paid or unpaid bereavement leave, but the terms and scope vary. 

There are existing statutory rights in particular situations. Employees who meet the statutory relationship conditions can take up to two weeks of parental bereavement leave after specified child loss. This includes the death of a child under 18, a stillbirth after 24 weeks, and certain other circumstances recognised under the statutory parental bereavement leave regime. The leave is available from the first day of employment; statutory parental bereavement pay has separate eligibility rules. A separate right to reasonable time off for dependants can cover necessary action after a dependant’s death, such as making funeral arrangements, but it is not a general right to take time off to grieve. The new general entitlement will sit alongside these existing rights. 

Eligible fathers and partners may also have a separate right to up to 52 weeks of unpaid bereaved partner’s paternity leave where the child’s mother, primary adopter or an intended parent in a surrogacy arrangement dies within the first year after birth or adoption. This is a distinct family leave entitlement with its own eligibility and timing conditions. When the new bereavement leave right comes into force, the Act also provides for statutory protection against detriment and unfair dismissal connected with taking the leave. The implementing regulations will set out how those protections operate. 

What should employers do now?

Employers can prepare without treating the new right as already in force. We recommend that organisations: 

• Plan to update policies and staff guidance before April 2027, once the final regulations and Government guidance are available. 
• Train managers and HR teams to handle bereavement and pregnancy-loss requests sensitively, consistently and confidentially. 
• Consider how single-day leave and short-notice requests will be recorded and managed across different working patterns. 
• Check payroll and HR systems can distinguish unpaid statutory leave from any enhanced paid contractual benefit. 
• Review arrangements for workers in Northern Ireland separately, because the new entitlement described here applies to Great Britain. 

The forthcoming right will set a minimum standard. Employers should consider whether their own policy should offer paid leave, a wider group of relationships, or additional support after the statutory period. 

If your organisation is reviewing its employment policies, The Legal Practice Solicitors can advise on compassionate leave, family leave and handbook updates. Get advice from our Employment Law team. Review current compassionate, special, parental bereavement and dependants’ leave policies. Identify where contractual provision already offers more than the statutory minimum. 

Frequently asked questions

Will bereavement leave be paid? 

The new general entitlement is expected to be unpaid. Employers can offer paid leave under a contract or policy, and existing statutory payment rights may apply in specific circumstances, such as eligible parental bereavement pay. 

Can employees take bereavement leave as separate days? 

Yes. Under the Government’s announced framework, leave is expected to be available in discontinuous periods, including single days, within 56 weeks of the loss. The detailed rules will be confirmed in secondary legislation. 

Will employees need to provide a death certificate or medical evidence? 

The Government’s announced policy is that the new entitlement will not require evidence; the regulations will set out the final legal requirements. Employers should wait for the final regulations and guidance before setting their procedures. 

Does the new right include friends or all extended family? 

Not under the categories announced so far. The stated scope covers specified immediate family relationships and defined parental relationships arising from kinship or foster care. Employers may provide more generous leave. 

Can employees use the new right now? 

No. The Government intends the entitlement to start in April 2027, subject to the secondary legislation required to bring it into force. Until then, existing statutory rights and the employee’s contract or workplace policy apply. 

Is bereavement leave expected to be a day-one right? 

Yes. The announced entitlement is expected to be available from the first day of employment, without a minimum service requirement. The person must have employee status and meet the qualifying conditions. The final regulations will set out the detailed rules. 

Disclaimer

This article is for general information only. It is not legal advice and does not create a solicitor-client relationship. It describes the Government’s announced policy as at 8 October 2026; the new entitlement is not yet in force and the implementing regulations may provide further detail. Obtain advice on your circumstances. The article should be reviewed before publication and updated when the regulations or official guidance change.