Government consults on leave for bereavement including pregnancy loss

Current law

At present, the only type of statutory bereavement leave available is Parental Bereavement Leave.

Parental Bereavement Leave is a day-one right and is 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 paid leave that can be taken within 56 weeks of the child’s death. This leave can be taken in one-week blocks, either consecutively or separately.

In cases of a stillbirth after 24 weeks of pregnancy, employees may also be entitled to statutory maternity, parental and shared parental leave. This entitlement is also subject to meeting certain eligibility criteria.

Employment Rights Bill

Through the Employment Rights Bill (“the Bill”), the Government is proposing to introduce new rights for employees in respect of bereavements.

The Bill confirms a new day-one right to unpaid bereavement leave for employees who have suffered a bereavement, including pregnancy loss before 24 weeks. The Bill sets out a statutory minimum leave period of one week. Employees will be able to take this leave within a minimum window of 56 days. It also confirms that there will be protection of contractual rights while on leave, protection against unfair dismissal and protection against unfair treatment due to taking this leave.

Further details of the entitlement to bereavement leave will be addressed in secondary legislation. It is these details that the consultation seeks to address.

Consultation

The consultation seeks views on three specific aspects of the bereavement leave entitlement. These are as follows:

• Part One: Eligibility
• Part Two: When and How Bereavement Leave can be Taken
• Part Three: Notice and Evidence Requirements

Part One: Eligibility

The consultation asks for views on the types of relationship that should give rise to bereavement leave. It asks whether the leave should cover immediate family (spouses, civil partners, long-term partners, parents, siblings and adult children, including adoptive, half and step-relationships), extended family (such as grandparents, grandchildren, aunts, uncles and cousins), or other close relationships, such as foster carers, kinship caregivers or close friends (referred to as “chosen family”).

It goes on to ask about the types of pregnancy loss that should be covered by the bereavement leave entitlement, such as miscarriages, ectopic pregnancies, molar pregnancies, IVF transfer loss and medical terminations. Views are also sought on whether employees who have not suffered the pregnancy loss themselves (for example, partners or intended co-parents) should be eligible for bereavement leave.

Part Two: When and How Bereavement Leave can be Taken

The consultation asks how much bereavement leave employees should be entitled to (for example, one or two weeks) and whether the same amount of leave should be offered in all types of scenarios.

There are also questions about the date from which bereavement leave can be taken, the window to take the leave (for example, 56 days, 52 or 56 weeks) and whether the leave should be taken in one continuous block or can be split into weeks and/or days.

Part Three: Notice and Evidence Requirements

The third part of the consultation asks questions about how much notice (if any) employees should give their employers that they intend to take bereavement leave and when this notice should be given. It also asks how this notice should be given, for example by email, phone call or text message.

Questions are also asked around whether employees should be required to give evidence of a bereavement to their employer and, if so, the form that evidence should take. The consultation paper does recognise that, particularly in cases of miscarriage before 24 weeks, it may be difficult to provide formal documentation in a timely manner, or at all.

The Government has not indicated in the consultation paper if it currently has any policy preferences regarding the above issues.

The consultation can be viewed here. It remains open for responses until 15 January 2026.

The Government expects that the new legislation around bereavement leave will be brought into force in 2027.