New right to bereavement leave is coming in April 2027

As more details of the changes being introduced under the Employment Rights Act 2025 continue to emerge, the government has now confirmed further information about the new statutory right to bereavement leave.

Many employers already provide compassionate or bereavement leave, and in some organisations, employees may receive paid time off following the death of a close family member. However, from April 2027, employers will also need to comply with a new statutory entitlement which will be available to employees from the first day of employment.

The introduction of the new right is intended to provide a consistent minimum entitlement for employees experiencing certain types of bereavement, whilst also recognising that the practical realities of bereavement can make it difficult for employees to comply with standard notice procedures.

What will the new right provide?

Whilst many employers already offer time off following a bereavement, there is currently no general statutory entitlement available to all employees. The new legislation will introduce a minimum right that employers will need to accommodate regardless of any existing arrangements they already have in place.

The government has confirmed a number of key features of the new entitlement. From April 2027, employees will have:

• A day one right to bereavement leave
• Up to two weeks’ unpaid leave
• The ability to take leave in individual days rather than a single block
• Up to 56 weeks in which to take the leave
• No requirement to provide evidence of the bereavement

Taken together, these provisions provide employees with greater flexibility over when leave is taken and recognise that bereavement can affect people differently. They also provide employers with greater clarity about the minimum standards that will need to be reflected within workplace policies and procedures.

Who will be covered?

Leave will be available to employees who experience a bereavement of:

• A parent
• An adult child
• A sibling
• A spouse
• A civil partner

The entitlement will also apply in relation to pregnancy loss before 24 weeks, including termination and IVF embryo transfer loss.

Importantly, eligibility is wider than simply the pregnant person. The new provisions also extend to spouses, civil partners, other parents or committed partners, intended co-parents and intended parents in surrogacy arrangements where the relevant criteria are met.

The confirmed scope of the entitlement provides employers with greater clarity regarding who may qualify for leave and highlights the need to ensure existing policies reflect the categories protected by the legislation.

Notice requirements and timing of leave

Employees will have up to 56 weeks from the bereavement, or from becoming aware of it, in which to take their leave.

The legislation also introduces relatively flexible notice requirements. During the first eight weeks following a bereavement, notice need only be given before the employee is due to start work on the day the leave is taken, or as soon as reasonably practicable. After the initial eight-week period, employees will generally be required to provide one week’s notice.

These provisions acknowledge that bereavement often results in circumstances that cannot be planned for in advance. Employers may therefore wish to consider whether existing absence reporting procedures are capable of accommodating requests made with very little notice, particularly during the initial weeks following a bereavement.

What should employers be doing now?

Although the new right will not come into force until April 2027, employers should begin considering what changes may be required well in advance of implementation. Reviewing policies and procedures now will help ensure any necessary updates can be made in a planned and measured way.

Employers may wish to focus on four key areas:

1. Review existing bereavement leave policies

A good starting point is to review any existing bereavement or compassionate leave policies. Employers should consider who is currently eligible for leave, whether leave is paid or unpaid and whether current definitions of qualifying relationships align with the categories covered by the new legislation.

Organisations with narrower eligibility criteria may need to update their policies to ensure compliance once the new entitlement takes effect. Employers should also consider how any enhanced contractual benefits will operate alongside the new statutory right.

2. Assess absence reporting procedures

The practical process for requesting and approving leave should also be reviewed. Given that employees may be entitled to notify their employer of an absence on the day leave is taken, internal procedures should be capable of dealing with requests quickly and sensitively while remaining consistent with the statutory requirements.

This may involve reviewing who receives notifications of absence, how requests are recorded and whether current reporting processes reflect the notice requirements set out in the legislation.

3. Ensure managers understand the new entitlement

Manager training is also likely to be important. The legislation makes clear that evidence of a bereavement is not required, meaning managers will need to understand both the legal requirements and the sensitive nature of conversations surrounding bereavement, pregnancy loss, termination and IVF treatment.

Ensuring managers are aware of the new rights before they take effect should help organisations respond appropriately and consistently when requests are made.

4. Consider the likely practical impact

Whilst some employers may have concerns about the impact of an additional statutory leave entitlement, it is worth remembering that the leave is unpaid. As with other unpaid rights, levels of take-up may be lower than anticipated and some employees may instead choose to take annual leave or rely on any enhanced contractual entitlement already available to them.

That does not remove the need to comply with the legislation, but it may help employers assess the likely operational impact of the new right in the context of their existing arrangements.

Preparing for April 2027

The introduction of a statutory right to bereavement leave represents a significant development in employment law and provides greater certainty for employees experiencing bereavement or pregnancy loss. Although many employers may already offer support in these circumstances, the new legislation will establish a consistent minimum entitlement that applies from the first day of employment.

With implementation scheduled for April 2027, employers have time to review existing arrangements, ensure policies reflect the new eligibility requirements and prepare managers for the practical operation of the new right. Taking these steps now should help employers ensure they are ready when the changes come into force.