Employment Law Guide 2026: Bereavement leave

A new right to statutory bereavement leave is being introduced. Currently the only type of statutory bereavement leave available is Parental Bereavement Leave. This is a day-one right available to employees who lose a child under the age of 18, or who have a stillbirth after 24 weeks of pregnancy. Subject to meeting certain eligibility criteria, employees are entitled to two weeks of statutory paid parental bereavement leave which can be taken within 56 weeks of the child’s death in one-week blocks, either consecutively or separately.

From 2027, employees will have an additional right to take unpaid statutory bereavement leave of at least a week. This will be a day one right for employees who have suffered a bereavement, including pregnancy loss before 24 weeks. Employees will be able to take this leave within a minimum window of 56 days and will be protected against unfair dismissal and unfair treatment due to taking or requesting leave.

In October 2025, the Government consulted on the eligibility criteria for bereavement leave (including the relationship between the employee and person who has died), when and how employees should be able to take leave and the notice and evidential requirements. The consultation closes on 10 January 2026 and the Government’s response can be expected in 2026.

Implications/Action points

• Monitor for further details and prepare bereavement leave policy when details are known.