The Government has confirmed that new day-one rights to unpaid leave following family bereavement and pregnancy loss will be introduced in April 2027.
The announcement follows a consultation published last year (discussed here) which considered eligibility for bereavement leave, when and how it should be taken to balance the needs of bereaved employees with those of employers, and whether employees should be required to provide supporting evidence.
Responding to the consultation, the Government has confirmed that secondary legislation will provide for the following:
- Leave will be available to employees who experience all types of pregnancy loss before 24 weeks (including terminations and IVF embryo transfer loss). Leave will be available to the person who experienced the pregnancy loss, the other biological parent, partners, and intended parents in a surrogacy arrangement.
- Leave will be available to employees who experience a bereavement of their spouse, partner (cohabiting and non- cohabiting), parents, adult children, siblings (biological, adopted, step and half), and equivalent parental relationships for those raised in kinship arrangements or by foster carers.
- Employees can take up to two weeks of leave, based on their average working pattern. Leave can be taken within 56 weeks of the bereavement, and it can be taken in discontinuous, single days. The leave period starts from the date of death or pregnancy loss, or the date of knowledge
- Notice can be given as soon as reasonably practicable, the same day if taken within the first eight weeks of bereavement, and one week’s notice thereafter. Any form of notice is acceptable
- No evidence will be required.
The new rights will be implemented through secondary legislation and are expected to come into force in April 2027. The Government has also confirmed that it will publish guidance to help employers implement the new requirements and employees understand their entitlements.
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