Bereavement leave: New statutory bereavement leave from April 2027
Authors: Stephen Miller, Sophie Jackson and Charlotte Stern
The UK Government has confirmed that a new day-one right to unpaid bereavement leave will take effect in April 2027.
It will cover employees who lose a spouse or partner, parent, adult child or sibling, as well as certain step, half, adoptive, kinship care and foster relationships. Currently, there is no general statutory right to bereavement leave, other than in certain circumstances, such as reasonable time off following the death of a dependant, or Parental Bereavement Leave following the death of a child under 18 or a stillbirth after 24 weeks of pregnancy.
Employees who experience pregnancy loss before 24 weeks, including miscarriage, termination and unsuccessful IVF embryo transfer, will also be entitled to up to two weeks’ unpaid leave. The right will extend to partners, the other biological parent and intended parents in a surrogacy arrangement.
Employees will be entitled to up to two weeks’ leave, based on their average working pattern, which may be taken flexibly within 56 weeks of the bereavement, including as single days. The 56-week period will run from the date of the death or pregnancy loss, or the date the employee became aware of it. The detailed rules will be set out in regulations, with guidance for employers and employees also expected to follow.
Key Action Points for Human Resources and In-house Counsel
Although the full details are still awaited, employers may wish to start reviewing their current bereavement, compassionate leave and pregnancy loss arrangements, and consider whether managers need guidance or training on handling bereavement and pregnancy loss.