UK: Supporting bereaved employees—getting your policy right

Bereavement leave is changing. With new rights coming into force from April 2026 and broader statutory entitlements expected in 2027, employers should act now to ensure their policies are fit for purpose.

Bereavement leave in the UK is set to shift significantly over the coming months, though these reforms have attracted relatively little attention. A new right to bereaved partner’s paternity leave takes effect on 6 April 2026, offering up to 52 weeks’ unpaid leave. More significantly, secondary legislation expected in 2027 will introduce a broader statutory right to bereavement leave following the death of a “loved one”, critically extending protection to employees experiencing pregnancy loss before 24 weeks for the first time. While these are unpaid entitlements, they represent a meaningful expansion of statutory protection. 

Current statutory entitlements

Employees in England, Wales and Scotland have two main statutory rights when it comes to bereavement leave.

1. Dependency leave: Employees are entitled to a “reasonable” amount of unpaid time off following the death of a dependant, including time to attend the funeral. A dependant is defined broadly and includes a spouse, civil partner, partner, child, parent, a person who lives in the employee’s household (excluding tenants, lodgers or employees), or a person who relies on them. The legislation does not specify how much time off is “reasonable”—this depends on the circumstances.
2. Parental bereavement leave and pay: Employees whose child dies under the age of 18, or who suffer a stillbirth after 24 weeks of pregnancy, are entitled to two weeks’ leave from day one of employment. The two weeks may be taken together, separately, or as a single week, and must be taken within 56 weeks of the death or stillbirth. The entitlement extends to adoptive parents, intended parents through surrogacy, and partners living with the child in an enduring family relationship. Eligible employees with at least 26 weeks’ continuous service may also receive statutory parental bereavement pay at GBP194.32 per week (from 6 April 2026) or 90% of average weekly earnings, whichever is lower.

Currently, if a miscarriage occurs before 24 weeks of pregnancy, there is no statutory entitlement to maternity, paternity, or parental bereavement leave.

Bereaved partner’s paternity leave—coming into force 6 April 2026

A new right will be introduced for eligible fathers and partners where the child’s “primary carer” (the mother or adopter) dies within 52 weeks of the child’s birth or placement for adoption. In such tragic circumstances, the surviving partner will be entitled to up to 52 weeks’ unpaid leave. This right also applies to intended parents having a child through surrogacy. The leave must be taken within 52 weeks of the child’s birth, adoption placement, or (for overseas adoptions) entry into Great Britain. Further guidance is anticipated when the right comes into effect. 

Broader bereavement leave—expected 2027

Looking further ahead, secondary legislation is expected to introduce a new, broader statutory right to bereavement leave in 2027. This will provide employees with one week of leave following the death of a “loved one”. Critically, this reform extends statutory protection to employees experiencing pregnancy loss before 24 weeks—a significant gap in the current framework. 

The bereaved employee will have at least 56 days in which to take the leave, and this will be a day one right. The leave will, however, be unpaid. A Government consultation on the detailed aspects of this reform—including eligibility criteria, how and when leave may be taken, and notice and evidence requirements—closed on 15 January 2026. The precise details will be set out in secondary legislation in due course. 

Importantly, the existing entitlement to two weeks’ paid parental bereavement leave will remain unchanged.

Steps employers can take now

• Review existing bereavement policies: Employers should review their current bereavement policies to ensure they align with the forthcoming statutory changes. Although the 2027 reforms await secondary legislation, now is the time to consider how you will accommodate the new broader bereavement leave entitlement and whether you wish to enhance the statutory minimum (which will be unpaid) with contractual pay arrangements.
• Brief HR teams and line managers: For the bereaved partner’s paternity leave coming into force on 6 April 2026, employers should ensure that HR teams and line managers are aware of this new entitlement and understand the circumstances in which it will apply. Front-line managers are often the first point of contact for employees in distressing circumstances, and early awareness will help ensure a supportive and compliant response.
• Consider enhanced contractual arrangements: The new broader bereavement leave entitlement will be unpaid. Employers may wish to consider whether offering paid bereavement leave, beyond the statutory minimum, aligns with their approach to employee well-being and benefits. 

We will continue to monitor these developments and provide updates as further guidance and secondary legislation are published.
 

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