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.
It is intended that the new right will come into force in April 2027.
Eligibility for leave
The government will legislate so that the following relationships will be eligible for leave for the loss of loved ones:
- Immediate family members (biological, adopted, step, and half-relations), including spouses, civil partners and partners in a committed long-term relationship (cohabiting or non-cohabiting), parents, adult children, and siblings.
- Equivalent parental relationships for employees who were raised in kinship and foster care arrangements are also eligible.
The following relationships will be able to access bereavement leave for pregnancy loss:
- The person who was pregnant.
- A spouse, civil partner, the other parent, or partner (who is in a committed long-term relationship) with the person who physically experienced the pregnancy loss.
- An intended co-parent.
- Intended parents in a surrogacy arrangement.
Pregnancy loss includes:
- All types of miscarriage before 24 weeks including molar pregnancies, ectopic pregnancies and chemical pregnancies (non-exhaustive).
- All terminations.
- IVF embryo transfer loss, meaning the unsuccessful outcome of transferring a fertilised embryo into the uterus during IVF treatment. This does not include IVF embryo loss pre-transfer.
Duration of leave
The government will legislate to provide up to two weeks of leave, prorated to the employee’s usual working pattern for all types of bereavement including the death of a loved one and pregnancy loss.
When leave can be taken
Leave can start on the date of knowledge of the death or pregnancy loss, or the date of death or pregnancy loss.
Bereavement leave can be taken discontinuously, in units of one day, within 56 weeks of the death, or knowledge of the death.
Notice of leave
Notice should be provided before the employee is due to start work on the day they intend to take leave, or as soon as is reasonably possible thereafter for the first eight weeks of bereavement, and one week before the requested date of leave, for leave taken beyond eight weeks of the bereavement. Employees should not have to provide evidence of a bereavement to their employer to be able to access leave.
Next steps
The government will publish guidance alongside the implementation of bereavement leave to ensure that both employers and employees are fully aware of their rights and responsibilities.
Paid parental bereavement leave will still be available to eligible parents.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
