A New Statutory Right to Bereavement Leave: What Employers Need to Prepare For
15 Oct 2026
A New Statutory Right to Bereavement Leave: What Employers Need to Prepare For
The Government has now confirmed the details of the new statutory right to bereavement leave under the Employment Rights Act 2025.
And it’s a change that will reshape how organisations support employees during some of the most difficult moments in life.
The measures will come into force in April 2027, giving employers time to prepare, update policies and ensure managers understand the new entitlement.
The headline is that bereavement leave will be a day one right for all employees. This places it alongside other core statutory protections and reflects a growing recognition of the role employers play in supporting wellbeing, compassion and stability at work.
What do the new measures cover?
The scope of the new entitlement is deliberately broad. Employees will be able to take bereavement leave following the loss of a spouse, civil partner, long‑term partner (whether cohabiting or not), parent, adult child or sibling.
Importantly, this includes biological, adopted, step and half‑relations, as well as equivalent parental relationships arising from kinship and foster care. The Government has clearly aimed to reflect the reality of modern family structures rather than relying on narrow legal definitions.
The legislation also covers pregnancy loss before 24 weeks, including termination and IVF embryo transfer loss. Entitlement extends not only to the pregnant person but also to spouses, civil partners, committed partners, intended co‑parents and intended parents in surrogacy arrangements.
This is a significant development, acknowledging the emotional impact of early pregnancy loss and the need for space, privacy and support.
What are employees entitled to?
Employees will be entitled to up to two weeks of unpaid leave, which can be taken in flexible blocks of at least one day. The leave must be taken within 56 weeks of the bereavement, recognising that grief is not linear and that practical or emotional needs may arise long after the initial loss.
Notice requirements are intentionally light‑touch.
In the first eight weeks after a bereavement, employees need only notify their employer before starting work that day or as soon as reasonably practicable.
After eight weeks, one week’s notice applies. Crucially, employers may not request evidence of the bereavement – a clear signal that the Government expects organisations to approach this right with trust and sensitivity.
What should employers do now?
For employers, the next few months are an opportunity to prepare.
Policies will need updating, including bereavement, family‑friendly and absence procedures. Manager training will be essential: handling bereavement requires empathy, clarity and confidence and managers will need to understand both the legal entitlement and the human considerations that sit alongside it.
This new right is more than a compliance exercise. It’s a chance for organisations to demonstrate compassion, strengthen trust and support employees through profoundly difficult experiences.
As April 2027 approaches, employers who prepare early will be best placed to offer the stability and understanding their people need.
If you need help to prepare for the new legislation then we are here to support you. Just get in touch and let us handle the rest.
