On 22nd September 2026, the Government announced a new right to bereavement leave marking a significant change from the current entitlements

From April 2027, employees who lose a close family member will have a legal right to take bereavement leave, while parents experiencing pregnancy loss before 24 weeks will, for the first time, be entitled to up to two weeks of unpaid leave.

These changes form part of the Government’s wider employment law reforms and aim to provide greater protection and dignity for workers during some of the most challenging moments in their lives.

While many employers already offer compassionate leave, the new legislation establishes a statutory safety net. For employment lawyers, HR professionals and business leaders, it also raises important questions about workplace culture, policy development and supporting employees through grief.

Why the changes matter

Historically, UK employment law has offered limited statutory protection for employees experiencing bereavement. Outside parental bereavement leave, there has been no general legal right to time off following the death of a loved one, leaving many employees reliant on the discretion and goodwill of their employer.

The new framework acknowledges something many businesses have long recognised, that grief does not fit neatly into annual leave allowances or sickness absence procedures.

Importantly, the reforms also recognise that modern families come in many forms. The entitlement will extend beyond immediate biological relationships to include step-relatives, half-relatives, adoptive relationships, foster families and kinship care arrangements.

This broader definition reflects the reality that family relationships and emotional bonds are not determined solely by traditional legal categories.

Pregnancy loss finally recognised in Employment Law

Perhaps the most significant, and most reported, aspect of the reform is the introduction of statutory leave following pregnancy loss before 24 weeks.

For years, campaigners, charities and families have highlighted the gap in legal protections for those experiencing miscarriage, ectopic pregnancy, termination for medical reasons or failed IVF embryo transfer. While the emotional and physical impact can be profound, there has been no specific legal entitlement to bereavement leave in these circumstances.

From April 2027, employees experiencing pregnancy loss before 24 weeks will have a day-one right to take up to two weeks of unpaid bereavement leave. The entitlement will also apply to partners, the other biological parent and intended parents in surrogacy arrangements.

This is an important step towards recognising pregnancy loss as a bereavement rather than merely a medical event.

What employers need to know

The legal changes are likely to be welcomed by many employers, particularly those who already prioritise employee wellbeing. However, the introduction of statutory rights means organisations should begin reviewing their policies well ahead of implementation.

Key features of the new entitlement include:

• A day-one right to bereavement leave.
• The ability to take leave flexibly within 56 weeks of the bereavement.
• The option to take leave as individual days rather than a continuous block.
• No requirement for employees to provide evidence of their loss.
• Protection from detriment or dismissal for exercising the right to take leave.

For employers, implementation should go beyond simply updating a handbook. Managers are often the first point of contact for an employee who has experienced a bereavement and their response can have a lasting impact on the individual’s wellbeing and relationship with the business.

Training, clear guidance and a compassionate approach will be just as important as legal compliance.

Is unpaid leave enough?

One area likely to generate continued debate is the decision to make the new entitlement unpaid. While charities have broadly welcomed the reforms, some have expressed concern that employees facing financial pressures may feel unable to take unpaid time away from work, particularly during periods of rising living costs. Campaigners have argued that grief support should not depend on an individual’s financial position and have called for paid leave in future.

This raises an interesting question for employers.

While the legislation sets the minimum standard, many organisations may decide that enhanced paid bereavement leave better aligns with their values, wellbeing strategy and commitment to supporting employees. Businesses competing for talent may increasingly view enhanced family and wellbeing policies as an important differentiator.

A culture question, not just a compliance question

From a legal perspective, the changes provide greater certainty. From a business perspective, they present an opportunity to think more broadly about workplace culture.

The reality is that grief affects concentration, decision-making, productivity and mental wellbeing. Employees who feel supported through difficult life events are often more engaged and loyal in the long term. Conversely, poor handling of bereavement can damage trust and increase the risk of workplace disputes.

The new legislation should therefore be seen as more than another employment law update. It is part of a wider shift towards recognising employees as people with lives, families and challenges outside the workplace.

Support beyond the workplace

Employers should also consider the role they can play in signposting practical and emotional support.

In the North East, Sunderland-based charity 4Louis provides support to families affected by miscarriage, stillbirth, neonatal death and pregnancy loss. The charity works with hospitals and healthcare professionals to help families create memories and access support following the loss of a baby.

National organisations such as Tommy’s, Miscarriage UK and Sands also provide specialist advice, resources and support for individuals and families navigating pregnancy and baby loss.

For many employees, the combination of compassionate workplace policies and access to specialist support services can make a meaningful difference during an incredibly difficult time.

Looking ahead

The new bereavement leave rights will not remove the pain of losing a loved one or experiencing pregnancy loss. What they do provide is recognition, protection and, importantly, time.

For employers, the message is clear. Preparing now, reviewing policies and ensuring managers are equipped to respond with empathy will help organisations meet both their legal obligations and their wider responsibilities to their people.

For employees, the reforms represent long-awaited recognition that grief deserves space, support and understanding.

As employment law continues to evolve, this feels like a genuinely positive step in the right direction.