You may remember that through the Employment Rights Act 2025 (ERA 25) the government is introducing a new day-one right to bereavement leave for employees who experience the loss of a loved one, including pregnancy loss before 24 weeks. The government has been consulting on the details of the new bereavement leave entitlement and has now published their response.
So, what does your business need to know?
- Why is the new right to bereavement leave being introduced?
- What are the key points?
- When will it come into effect?
1. Why is the new right to bereavement leave being introduced?
Currently the circumstances in which an employee has a statutory right to time off following a bereavement are extremely limited, for example the right to statutory Parental Bereavement Leave for eligible parents who lose a child under the age of 18 or experience a stillbirth after 24 weeks.
Although some employers choose to offer employees greater rights in their contracts of employment, the government is of the view that a wider statutory bereavement leave right “… will provide greater support to both employees and employers. Ensuring that employees are guaranteed time off in some of the most difficult moments of their lives, and giving greater clarity for how employers can best provide support to their employees within these circumstances”.
2. What are the key points?
Key elements of the new entitlement will include, in brief:
- Eligibility for pregnancy loss: Leave will be available to employees who experience all types of pregnancy loss before 24 weeks (including terminations and IVF embryo transfer loss). Leave will be available to the person who experienced the pregnancy loss, a spouse, civil partner, the other parent, or partner (who is in a committed long-term relationship with the person who physically experienced the pregnancy loss), an intended co-parent and intended parents in a surrogacy arrangement.
- Eligibility for other loved ones: Leave will be available to employees who experience a bereavement of their spouse, partner (cohabiting and non-cohabiting), parents, adult children, siblings (biological, adopted, step and half), and equivalent parental relationships for those raised in kinship arrangements or by foster carers.
- When and how leave can be taken: Employees can take up to two weeks of unpaid leave, based on their usual working pattern. Leave can be taken within 56 weeks of the bereavement, and it can be taken in discontinuous, single days. The period in which leave can be taken starts from the date of death or pregnancy loss, or the date of knowledge.
- Notice requirements: Notice can be given as soon as reasonably practicable, the same day if taken within the first eight weeks of bereavement, and one week’s notice thereafter. Any form of notice is acceptable and there are no evidence requirements for this entitlement.
3. When will it come into effect?
The measures will come into force, via regulations (yet to be published), in April 2027.