Bereavement leave is changing: are employers ready for 2027?

Losing a close family member or experiencing pregnancy loss can leave employees facing difficult practical decisions at the very moment they are least equipped to make them. The Government’s confirmation of the details of the new statutory bereavement and pregnancy loss rights seeks to address that gap by creating a new minimum level of workplace protection from April 2027.

How are bereavement rights being expanded?

At present, statutory parental bereavement leave is available where a child under 18 dies or where there is a stillbirth after 24 weeks of pregnancy. The Government has confirmed in their 22 September 2026 consultation response that employees who lose a spouse or partner, parent, adult child, or sibling will be entitled to two weeks unpaid bereavement leave when the new regime comes into force in April 2027. The new entitlement will also recognise step, half, adoptive, kinship care and foster family relationships.

Alongside this, women and their partners who experience pregnancy loss before 24 weeks will be entitled to up to two weeks’ unpaid leave. The Government has confirmed that the right will apply to any type of pregnancy loss, including miscarriage, terminations, and unsuccessful IVF embryo transfers. It will also extend to partners, the other biological parent, and intended parents in a surrogacy arrangement.

The reforms reflect a growing recognition that bereavement and pregnancy loss can have profound emotional and practical consequences, and that employees should not have to rely on annual leave, sickness absence, or employer discretion at such times.

How is the new leave expected to operate?

While the detail will be confirmed in secondary legislation, the Government’s consultation response indicates that:

• The 2 weeks of leave may be taken in blocks, provided each period of leave is at least 1 day;
• Notice during the first 8 weeks following the bereavement may be given on the day leave is taken, or as soon as reasonably practicable afterwards. After that period, 1 week’s notice is expected to apply.

The flexibility of the new regime means employers may receive leave requests many months after the original bereavement, for example around anniversaries, birthdays, or other significant dates.

Employers will therefore need to consider how requests are managed throughout the 56-week window and ensure policies clearly address notice requirements and any operational considerations. Decisions should also be applied consistently to reduce the risk of disputes and discrimination claims.

What will be the relationship with existing compassionate leave?

For many employers, the practical challenge will not be introducing bereavement leave for the first time but integrating the new statutory rights with existing compassionate leave arrangements. Employers that already offer enhanced compassionate leave may wish to maintain those provisions and make clear that employees will receive whichever entitlement is more favourable. Where compassionate leave terms are contractual, legal advice and consultation with employees may be required before any changes are made.

Policies should also clarify how statutory bereavement leave interacts with any enhanced entitlement. In many cases, employers may wish to specify that statutory and contractual leave covering the same bereavement run concurrently, rather than creating an entitlement to multiple periods of leave for the same event. The precise position will depend on the final regulations.

Employers need to be alert to wider employment law considerations. The way bereavement leave is administered may engage issues relating to disability, religion, or belief, particularly where mourning practices or the effects of grief create a need for additional support or flexibility. Consistency of approach and the consideration of reasonable adjustments will be essential in reducing the risk of grievances, discrimination claims, or unfair dismissal disputes.

Evidence requirements and employee privacy

One of the most notable aspects of the Government’s announcement is its emphasis on dignity and privacy.

The consultation response states that employees should not be required to provide evidence of a bereavement in order to access leave, on the basis that doing so could create an unnecessary burden and restrict access to support at a highly distressing time. The Government has also confirmed that no one will be asked or required to provide evidence of their loss under the new arrangements.

Employers should nevertheless keep a close eye on the regulations when they are published, as these will provide the definitive legal framework. Where any information relating to pregnancy loss or bereavement is disclosed, employers will need to ensure it is handled sensitively and stored in accordance with data protection obligations. In most cases, the information will amount to special category personal data.

Manager training will also be important. Those receiving bereavement-related disclosures should understand how to respond appropriately, avoid intrusive questioning, and signpost employees to any available support services, such as employee assistance programmes, counselling, or occupational health resources.

What employers should do now

Although implementation is not expected until April 2027, employers should start preparing well in advance by:

• Reviewing existing parental bereavement, compassionate leave, and family leave policies.
• Updating parental bereavement policies to reflect the extension of rights relating to pregnancy loss before 24 weeks.
• Drafting a dedicated bereavement leave policy, or expanding existing provisions, to cover the wider range of qualifying family relationships.
• Establishing clear procedures for notice requirements, flexible leave arrangements, and leave requests made throughout the 56-week period.
• Deciding whether to enhance the statutory position by offering paid leave.
• Considering how bereavement leave will interact with existing compassionate leave benefits.
• Training managers to deal sensitively and consistently with bereavement-related requests.
• Reviewing data protection procedures for handling sensitive information relating to bereavement and pregnancy loss.

Early planning will help employers avoid a rushed policy review once the final regulations are published.

Key takeaways

The new bereavement and pregnancy loss rights will require employers to review existing compassionate and parental bereavement leave arrangements before April 2027.

While many organisations already provide enhanced support, the reforms establish a statutory minimum entitlement, extend protection to a wider range of family relationships, and introduce greater flexibility around when leave can be taken.

Employers that review policies early, train managers appropriately, and communicate the changes clearly will be best placed to support employees and ensure compliance when the new regime takes effect.

If you have any questions or concerns about bereavement leave, please contact Employment partner Emma Clark.