Compassion in the workplace – Understanding the new statutory right to Bereavement Leave

Currently, the only form of statutory bereavement leave available is Parental Bereavement Leave, which is available to parents following the death of a child under the age of 18 or a stillbirth after 24 weeks of pregnancy. The Government intends to extend the current statutory entitlement and, in addition, shall include a more generalised bereavement leave entitlement.

The introduction of a new statutory entitlement is intended to strike a balance between the needs of an employer and the employee, whilst also reflecting modern family dynamics. The response recognises that grief is unique to each employee, whilst also aiming to acknowledge the impact that this may have on businesses.

Parental Bereavement Leave

In response to the consultation, the Government has announced that any pregnancy loss suffered before 24 weeks (including miscarriages, IVF embryo transfer loss and all other terminations) shall now be included within this statutory entitlement. This entitlement will be available to:

• the pregnant person;
• their partner or the other parent; and
• the intended parents in a surrogacy arrangement.

Bereavement Leave

Alongside the extension to Parental Bereavement Leave, a new day-one right to bereavement leave will come into effect.

At present, this form of bereavement leave will be available to any employee where they are recovering from the death of:

• a spouse or civil partner;
• a partner, whether cohabiting or non-cohabiting, in a committed long-term relationship;
• a parent, including kinship carers and foster carers, or those in an equivalent parental relationship;
• an adult child; and
• a sibling, including adoptive, step and half-siblings.

It is worth noting that the death of any extended family members (such as aunts, uncles, cousins, or in-laws) shall not qualify for this statutory entitlement.

Duration of leave

Eligible employees will be entitled to take a maximum of two weeks of statutory leave (pro rata if the employee works part-time). Importantly, the leave may be taken at any point within 56 weeks from the date of death, pregnancy loss, or the date on which the employee becomes aware of the event. The leave period can be taken as single days rather than in one continuous block, which provides more flexibility to the individual. However the leave is taken, the statutory entitlement will be unpaid.

Enhancements

The response to the consultation makes it clear that the new entitlement is the bare minimum an employer should be offering to their workforce. Employers are encouraged to offer enhancements on top of the statutory leave, such as paid leave or additional time off.

Offering paid time off could be incredibly important to an employee, as many employees may not have the freedom to take a period of leave without pay. Where a business does not provide paid enhancements to the statutory entitlement, then it is more than likely that the employee will opt to take a period of paid sick leave.

Notice of leave

The response to the consultation also sets out the notice requirements for an employee who intends to take the statutory bereavement leave. The response outlines that:

• for the first 8 weeks following the bereavement, notice will only be needed before the start of the working day (or as soon as reasonably practicable); and
• for the remaining 48 weeks after the bereavement, at least one week’s notice will be required before taking leave.

The proposed new legislation provides that an employee will not need to provide any evidence of their loss to their employer in order to take the statutory leave. This approach aligns with the requirements for Parental Bereavement Leave and will avoid confusion for employers when distinguishing between the two forms of leave.

Looking ahead

The Government intends to introduce the new entitlements through secondary legislation, with implementation currently planned for April 2027. We are also expecting guidance for both employers and employees detailing their rights and responsibilities. This will be published later; however, no specific release date has been provided.

The new statutory entitlements are intended to be considered as the bare minimum. The extension will require organisations to be looking at Enhancements beyond the statutory minimum is strongly encouraged.

Employers will do well to plan ahead now to prepare for the new statutory entitlements. Having the right procedures in place now will ensure managers and employees clearly understand the support available during bereavement.

For further information or advice about the proposed changes, or for assistance with a review of your workplace policies and procedures, please do contact a member of our Employment team.