On 22 September 2026, the government published its response (Government Response to the Leave for Bereavement including Pregnancy Loss Consultation) to the consultation on leave for bereavement, including pregnancy loss, to be introduced under the Employment Rights Act 2025.   The response sets out the final details of the new day-one right to bereavement leave, including who will be entitled to the leave, when and how leave can be taken, the notice requirements and evidence that must be given.  

Background

At present, only employees who lose a child have a statutory right to time off for bereavement.  Parental Bereavement Leave and Pay applies where a child under 18 dies or where there is a stillbirth after 24 weeks of pregnancy.  Other employees may be entitled to time off for dependants which allows reasonable time off to deal with practical matters after a dependant’s death, such as arranging a funeral, but it does not cover time off to grieve.  The government acknowledges that most employers respond with compassion through compassionate or special leave schemes. However, it also notes that practice varies considerably and that some employees have been refused time away from work to grieve. 

The Employment Rights Act 2025 therefore introduces a day-one right to unpaid bereavement leave for employees who lose a loved one, including through pregnancy loss before 24 weeks.

Who Is Covered?

The government will legislate so that the following relationships qualify for leave:

  • Immediate family members, (including biological, adopted, step and half relations), spouses, civil partners and partners in a committed long-term relationship, whether or not they live together, parents, adult children and siblings
  • equivalent parental relationships for employees raised in kinship or foster care arrangements

The government accepts that grief is not limited to these relationships and encourages employers to consider going beyond the statutory minimum where appropriate.   Grandparents, grandchildren and extended family are therefore not within the statutory scope.

Pregnancy Loss Before 24 Weeks

The entitlement will cover all types of pregnancy loss before 24 weeks.  This includes:

  • all types of miscarriage, including molar, ectopic and chemical pregnancies (this list is not exhaustive)
  • all terminations
  • IVF embryo transfer loss, meaning an unsuccessful transfer of a fertilised embryo into the uterus

IVF embryo loss before transfer, other failed fertility treatment and situations in which no death occurs are outside the scope of the primary legislation and are not covered.

Leave will not be limited to the person who was pregnant,  Others will also be eligible in addition to the person who was pregnant: their spouse, civil partner, the other parent, or a partner in a committed long-term relationship; an intended co-parent; and intended parents in a surrogacy arrangement.

Duration and Timing of Leave

Employees will be entitled to up to two weeks’ leave, pro-rated to their usual working pattern, for every type of bereavement covered.  For example, an employee who works Mondays and Tuesdays will be entitled to four days, and a full-time employee working Monday to Friday will be entitled to ten days.   The statutory entitlement is unpaid, but employers may choose to enhance it with pay or extra time. 

The government also proposes that the leave can be taken in discontinuously in units of single days.  This allows employees to be more flexible in their time off, for example to attend a funeral or mark an anniversary.  The leave can be taken from the date of the death or pregnancy loss, or from the date the employee found out about it and must be taken within 56 weeks of that date. This matches Parental Bereavement Leave and makes it possible to take leave on dates such as first anniversaries or due dates.

The government also points out that employees with physical symptoms after a pregnancy loss, or with ongoing mental health effects, may be able to claim Statutory Sick Pay.

Notice and Evidence Requirements

The notice requirements are deliberately light.   Where leave is within the first eight weeks: Notice is due before the employee starts work on the day they intend to take leave, or as soon as reasonably possible afterwards.  For leave taken beyond eight weeks of the bereavement, one week’s notice is required before the requested date of leave.  Any form of notice is acceptable, so employers cannot insist on a formal procedure.

Employees will not have to provide evidence of a bereavement to take leave.  The government’s reasons are that requiring evidence would place an undue burden on employees and could restrict access to leave.  It also notes that there is often little or no evidence of an early pregnancy loss, that disclosing medical evidence raises privacy concerns, and that documents can be delayed when a death happens overseas.  

Protection for Employees

The government describes the new right as creating “a protected period during which employees can take time away from work following a loss”.  The response does not set out the detailed protections against detriment or dismissal, or any rights on returning to work. Those details are expected to follow in the implementing regulations.  

Implementation Timeline

The government has confirmed that it will bring in secondary legislation, with the new measures coming into force in April 2027 and will publish guidance for employers and employees setting out their rights and responsibilities

Next Steps

With the new right due to take effect in April 2027, HR professionals and in-house counsel should start preparing now.  Practical steps include:

  • Review existing bereavement and compassionate leave policies. Check that they meet or exceed the new minimum, which is two weeks’ leave available from day one, taken in single days if the employee wishes, within a 56-week window.
  • Update eligibility definitions. Make sure policies cover the full range of qualifying relationships, including non-cohabiting partners, kinship and foster care relationships, and pregnancy loss before 24 weeks. That includes terminations, IVF embryo transfer loss, intended co-parents and intended parents in surrogacy arrangements.  
  • Revise notice and evidence procedures. Remove any requirement for formal written notice or documentary proof, such as death certificates, as a condition of taking statutory leave.  
  • Decide your organisation’s position on pay and enhanced leave. The statutory right is unpaid, so consider whether to offer paid leave or extra time, including for relationships outside the statutory list. 
  • Update absence management and HR systems. Make sure systems can record leave in single days, track the 56-week window and keep bereavement leave separate from sickness absence. .
  • Train line managers. Managers should understand the new right and feel confident supporting bereaved colleagues, which was a strong theme in consultation responses. 
  • Watch for the regulations and government guidance. In particular, look out for the detailed employment protections and how the new leave interacts with other statutory entitlements.