New Bereavement Leave Rights: What Employers Need to Know
Updated: 3 days ago
New bereavement leave rights: what employers need to know
Published 24 September 2026 | The HFactor HR Consultancy
Bereavement is not an administrative inconvenience. When an employee loses someone close to them—or experiences pregnancy loss—the employer’s response can make a profound difference to their wellbeing and their experience of work.
On 22 September 2026, the UK Government announced details of a wider statutory entitlement to bereavement leave, planned to take effect in April 2027 in England, Scotland and Wales. The implementing regulations have not yet come into force, so employers should distinguish these planned rights from the law applying today.
What is changing?
The Government plans a day-one right to up to two weeks of unpaid bereavement leave for employees following the death of a spouse or partner, parent, adult child or sibling. The proposed scope includes specified step, half, adoptive, kinship care and foster relationships.
The right is also intended to cover pregnancy loss before 24 weeks, including miscarriage, termination and unsuccessful IVF embryo transfer. It would extend to qualifying partners and, in relevant circumstances, intended parents in a surrogacy arrangement.
According to the Government’s announcement, employees would be able to take leave flexibly within 56 weeks of the loss, including as individual days. For leave within the first eight weeks, notification would be required as soon as reasonably practicable; employees would not be asked to provide evidence of the loss.
The wider entitlement is planned to be unpaid. Employers may choose to provide contractual paid compassionate leave or other enhanced support above the statutory minimum.
What applies now?
The planned new wider right should not be presented to staff as already in force. Existing statutory parental bereavement leave continues to apply to eligible parents following the death of a child under 18 or a stillbirth after 24 weeks, with statutory pay subject to separate eligibility conditions. Other relevant contractual rights and leave arrangements may also apply.
What should employers do before April 2027?
Review your bereavement and compassionate leave policy. Clarify who employees should notify, what flexibility is available, whether the organisation offers paid leave, how confidentiality will be respected and when managers should refer a case to HR.
Train line managers to respond sensitively. Avoid making assumptions about family relationships, how long grief lasts or when someone should be ready to return. Discuss practical support and any reasonable adjustments or phased arrangements appropriate to the individual circumstances.
Check the final regulations and official guidance before amending statutory-rights wording, and explain any distinction between the legal minimum and your organisation’s more generous policy.
A humane response is good HR practice
A policy provides consistency; compassionate conversations help employees feel supported. The HFactor works with employers on practical HR policies, employee relations and management guidance that protect both people and organisations.
For help reviewing your bereavement policy or supporting a manager through a sensitive case, enquire through https://www.the-hfactor.com/. Free initial consultation.
Official sources: https://www.gov.uk/government/news/no-one-should-have-to-fight-for-time-to-grieve-new-rights-for-family-bereavement-and-pregnancy-loss ; https://www.gov.uk/employers-parental-bereavement-pay-leave
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