The Government has set out its firm proposals for a new statutory right to bereavement leave under the Employment Rights Act 2025 (ERA 2025). The proposals will introduce a right to take time off following the death of certain family members and following pregnancy loss, with the measures expected to come into force through secondary legislation in April 2027.
For many employers, particularly those with compassionate and family-friendly policies already in place, the practical impact may be limited. However, this is a useful opportunity to review existing policies, identify any gaps and ensure managers understand how to respond sensitively and consistently when an employee experiences a loss.
The right will apply from the first day of employment, without any qualifying service requirement. Employers will therefore need to ensure their policies cover all employees, including new starters.
The proposed right will cover the death of a range of family members and people with whom the employee has a significant family relationship, including:
The proposals also extend to pregnancy loss before 24 weeks, including termination and IVF embryo transfer loss. Eligible individuals will include the pregnant person, their spouse or civil partner, the other parent or a committed partner, intended co-parents and intended parents in surrogacy arrangements.
Family relationships and life does not always fit neatly into the legal categories; for example, an aunt or grandparent may have played a significant parental role in an employee’s life.
Employers should consider the nature and significance of the relationship when deciding whether additional compassionate leave or support is appropriate, even where the statutory entitlement does not apply.
Eligible employees will be entitled to two weeks of unpaid bereavement leave. The leave may be taken in separate blocks, provided each block is at least one day long. This flexibility allows employees to take time away from work when they need it, whether immediately following the loss or at a later point.
Leave must be taken within 56 weeks of the bereavement, or of the employee becoming aware of it. This provides a substantial window for employees to access leave when they need it, rather than being restricted to the immediate aftermath of a death or loss.
The proposed notice arrangements recognise that bereavement is often unexpected:
Employers should ensure their procedures are straightforward, compassionate and practical, particularly where an employee needs to take leave at short notice.
No evidence of the bereavement may be required under the proposals. Employers should ensure their procedures do not introduce documentary requirements that conflict with the new right.
For many good employers, these proposals will formalise practices that are already part of their approach to supporting employees through difficult personal circumstances. Existing compassionate leave policies may already offer paid leave, flexibility or support beyond the proposed statutory minimum.
Nevertheless, employers should review their current arrangements to ensure they meet the new requirements, particularly in relation to eligibility, day-one access, pregnancy loss, the 56-week window and notice requirements.
Managers should also receive appropriate guidance and training. Knowing how to respond to bereavement with empathy, discretion and flexibility is just as important as understanding the formal policy.
If you would like us to review your existing procedures or help you prepare for the proposed changes, please get in touch.
Appointments are available by telephone or via video call, so no matter where you are in England or Wales we can assist you.
The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.
The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.
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