The Government have announced that in April 2027 they will be introducing a new right to bereavement leave to include those who suffer pregnancy loss before 24 weeks. This has been announced in their response to their consultation on bereavement leave “Make Work Pay: Leave for bereavement including pregnancy loss”.
This consultation, which ran from October 2025 to January 2026, sought to gain an understanding of the rights expected and desired, whilst recognising the unique ways in which we all experience grief. Receiving over 1900 responses from a wide range of stakeholders (including Employers, Employees, Trade Unions and BROs), the Government have outlined the changes they intend to bring about to bereavement leave, with the aim of implementing these through secondary legislation and supporting guidance in April 2027.
The Government has proposed the following changes
Which relationships will qualify for bereavement leave?
The loss of immediate family members will cause an employee to be eligible for bereavement leave. Recognising the need to reflect modern family dynamics, the government has categorised immediate family members as including:
- those who are biologically related,
- adopted, step, and half-relations,
- including spouses, civil partners, and partners in a committed long-term relationship (cohabiting or not),
- parents,
- adult children,
- siblings,
- and those of equal parental relationships (such as where the employee was raised in kinship and foster care).
Will bereavement leave for pregnancy loss be restricted to the person who has physically experienced the loss?
The response to the consultation reflects that the Government’s acknowledges that pregnancy loss doesn’t just impact the person who physically experiences the loss. Parental leave loss will therefore be accessible to the person who was physically pregnant, as well as their spouse, civil partner, the other parent, or partner, an intended co-parent, and the intended parents in a surrogacy arrangement.
The response to the consultation reflects that the Government’s acknowledges that pregnancy loss doesn’t just impact the person who physically experiences the loss.
What type of pregnancy loss will be eligible?
All types of pregnancy loss before week 24 will be eligible and entitled. This includes all types of miscarriages before 24 weeks, all terminations, and all IVF embryo transfer loss.
How long will unpaid bereavement leave be, when does it start, and when can it be taken?
In response to the consultation, the Government have elected not to differentiate between different types of bereavement. Employees will be entitled to two weeks of unpaid bereavement leave, prorated to the employee’s usual working pattern. The response to the consultation makes it clear that this is a statutory minimum, and can be enhanced at the employer’s discretion, whether that be by making the leave longer, or by making the leave paid.
Recognising that whilst the date of bereavement and the date of knowledge of the bereavement are usually the same, for some this will not be the case. Therefore, leave can start either on the date of knowledge, or the date of loss itself. This reduces the chance an employee will inadvertently lose out on part, or all, of their entitlement in cases where they learn of a bereavement some time after the loss has occurred.
The consultation also notes that employees experience grief in different ways and is often an unpredictable process. It will therefore be possible to take bereavement leave discontinuously, in units of one day. Whilst it is anticipated that bereavement leave will be taken in the immediate aftermath, this allows for flexibility to accommodate individual needs and acknowledges that grief can come sporadically or in waves, such as on or around significant dates such as birthdays.
What is the window for taking the leave?
In line with the current rules on Parental Bereavement Leave, leave can be taken within 56 weeks of the death, or knowledge of the death. This allows for leave to be taken on important dates, such as the first anniversaries and birthdays.
Will notice of intended leave be required?
Notice of leave will be required. The proposed notice period recognises the vulnerability surrounding a bereavement, and that giving any kind of notice can be difficult depending on the recency of the loss. During the first eight weeks, notice must be given before work starts on the day the employee intends to take leave, or as soon as reasonably possible thereafter. Beyond eight weeks, notice must be given one week before the requested date of leave.
Will the form of notice be prescribed?
No. Any and all forms will be acceptable; the consultation notes that the period directly after a bereavement can be distressing and that requiring a grieving employee to follow a formal procedure to notify could inhibit people taking the required leave when it is most needed.
Will an employer be able to request evidentiary proof?
No evidentiary proof will be required to access leave. Depending on the type of loss, obtaining evidentiary proof may be difficult, if even possible (such as in the case of early pregnancy loss) and places an undue burden on employees, restricting the access to bereavement leave.
How employers can prepare for the upcoming changes
Ahead of the changes due in April 2027, we are advising employers to start preparing a bereavement policy or preparing amendments to existing policies. Clarkslegal’s employment team are on hand to help with preparing these or answering any questions about the new right.
