Employment Rights Act: Preparing For Change: Response To Consultation On Bereavement Leave

The government has published its response to consultation on bereavement leave, including in situations of pregnancy loss.

There is an existing statutory entitlement to Parental Bereavement Leave, but this is limited to parents whose child under the age of 18 has died or who experience a stillbirth after 24 weeks of pregnancy. This provides up to two weeks of paid leave that can be taken in one-week blocks, either consecutively or separately, within 56 weeks of the child’s death. However, employees who experience other forms of bereavement every year, including a pregnancy loss before 24 weeks, have no statutory right to take time away from work.

The Employment Rights Act 2025 (ERA) will introduce a statutory, day-one right to unpaid bereavement leave, establishing a protected period during which employees can take time away from work following a loss.