New bereavement leave rights from April 2027: what employers need to know

The Government has confirmed more detail on the new statutory right to bereavement leave, which is planned to come into force from April 2027.

This right was included in the Employment Rights Bill, but we now have a much clearer picture of what employers should be preparing for.

Bereavement leave rights: at a glance

• From April 2027: employees are expected to have a day-one right to up to two weeks’ unpaid bereavement leave.
• Who will be covered: the right is expected to apply following the death of a spouse or partner, parent, adult child or sibling, including equivalent step, half, adoptive, foster and kinship-care relationships.
• Pregnancy loss: the entitlement is expected to cover pregnancy loss before 24 weeks, including miscarriage, termination and unsuccessful IVF embryo transfer, with protection extending to partners, other biological parents and intended parents in surrogacy arrangements.
• How leave can be taken: employees are expected to be able to take the leave flexibly within 56 weeks of the loss, including as individual days.
• Evidence: employers will not be able to require evidence of the bereavement or pregnancy loss.
• What employers need to do now: the new right is not yet in force, but now is a good time to review existing bereavement and compassionate leave policies and consider whether you want to offer more than the statutory minimum.

What are the new bereavement leave rights?

From April 2027, employees are expected to have a day-one right to up to two weeks’ unpaid bereavement leave following the death of a:

• spouse or partner
• parent
• adult child or
• sibling

The right will also cover equivalent relationships including step, half, adoptive, foster and kinship-care relationships. The new entitlement will also cover pregnancy loss before 24 weeks, including miscarriage, termination and unsuccessful IVF embryo transfer. For more on supporting employees through pregnancy and baby loss, see our guide to supporting employees through pregnancy and baby loss.

Protection will extend beyond the person who experiences the pregnancy loss to include their partner, the other biological parent and intended parents in surrogacy arrangements.

This is a significant extension to the current statutory framework, which is more limited and focused on parental bereavement.

How will statutory bereavement leave work?

Employees will be able to take bereavement leave flexibly within 56 weeks of the loss, including as individual days rather than having to take the full entitlement in one block. The notice requirements will also reflect the circumstances.

During the first eight weeks following a bereavement, employees will only need to give notice as soon as reasonably practicable. After that, one week’s notice is expected to be required. Importantly, employers will not be able to require evidence of the bereavement or pregnancy loss.

Employees taking statutory bereavement leave will also be protected against detriment or dismissal because they have exercised their statutory right to take it.

There is still secondary legislation and supporting detail to come before the new rules take effect. That means employers don’t need to rush into rewriting policies now, but the key principles are becoming much clearer.

What is the current law on bereavement leave?

At present, there is no general statutory right to bereavement leave covering the death of a family member. Employees may have a right to reasonable time off for dependants where a dependant dies.

This is designed to allow employees to deal with an emergency and can include arranging or attending a funeral. The amount of time is not set in law beyond what is reasonable, and there is no general right for this time to be paid.

There is also a separate statutory right to Parental Bereavement Leave following the death of a child under 18 or a qualifying stillbirth after 24 weeks of pregnancy. Eligible employees can take up to two weeks, and eligible employees may also qualify for Statutory Parental Bereavement Pay.

The April 2027 changes will introduce a much broader statutory bereavement leave entitlement, covering losses that are not currently covered by a specific right to bereavement leave.

Will the new bereavement leave be paid?

No. The new statutory bereavement leave is expected to be unpaid. That does not mean your own compassionate leave arrangements need to stop at the statutory minimum.

Many employers already offer paid compassionate or bereavement leave, and there is nothing to stop you continuing to do that, or deciding you want to go further. The Government itself notes that many employers already provide paid leave in these circumstances.

The unpaid element is therefore one of the practical issues employers should think about now. A statutory right to time off is one thing – whether employees can afford to use it is another.

The new legislation will establish a minimum entitlement. Employers will still need to decide what they want their own bereavement policy to provide beyond that minimum.

What should employers do before April 2027?

We recommend using the time before April 2027 to review what you already offer and decide what you want your approach to bereavement to look like.

Start by looking at your bereavement and compassionate leave policies and consider:

• Who do you currently cover? Does your definition of family or qualifying relationships need widening?
• How much leave do you offer? And is some or all of it paid?
• How flexible is it? The new statutory right will allow leave to be taken as individual days within a 56-week period, so think about how your existing approach compares.
• How much discretion do managers have? Can they offer additional time where circumstances warrant it?
• Are decisions consistent? Similar circumstances should be handled consistently, while still allowing room for individual circumstances.
• Are managers ready for the practicalities? Same-day requests, no evidence requirement and leave taken across a 56-week period will all need to be understood and recorded properly.

It’s also worth considering how your policy works alongside other types of leave. Bereavement may overlap with existing rights or contractual arrangements, particularly where the death involves a child or dependant. Clear guidance can help managers understand what applies and what support they can offer.

Employers shouldn’t rush to rewrite everything just yet as there is still secondary legislation to come before the new statutory bereavement leave rights take effect, but it is worth having the conversations now in order to be as prepared as possible.

The statutory entitlement will give employers a minimum to work from. What you offer beyond that, including whether you choose to pay employees during bereavement leave, will still be your decision.

Keep on top of the Employment Rights Act changes

There is plenty for employers and HR teams to prepare for between now and April 2027, and bereavement leave is only one of the changes coming.

We’re keeping track of what’s changing, when it’s happening and what you’ll need to do through our Employment Rights Act Hub.