The Government responds to the consultation on bereavement leave and pregnancy loss

By Ben Diaz, Lawyer

The government has confirmed the details of a new statutory right to bereavement leave, extending legal protection to millions of workers who currently have no entitlement to time off following the death of a loved one or a pregnancy loss before 24 weeks.

Under the new rules, employees will have a day-one right to up to two weeks of unpaid bereavement leave following the death of a close family member or a pregnancy loss. Crucially, the entitlement will for the first time cover all forms of pregnancy loss before 24 weeks, including miscarriage, ectopic pregnancy, molar pregnancy, terminations and IVF embryo transfer loss. Leave will be available not only to the person who experiences the loss, but also to partners, intended co-parents and intended parents in surrogacy arrangements.

The government's consultation, which received more than 1,900 responses, highlighted concerns that many workers facing bereavement have been forced to rely on employer discretion, with support varying significantly between workplaces. Ministers said the new entitlement is intended to provide a guaranteed period of protected leave during one of life's most difficult experiences.

Eligibility will extend beyond pregnancy loss. Employees will be entitled to leave following the death of a spouse or partner, parent, adult child or sibling, including adoptive, step and half-family relationships. The entitlement will also recognise equivalent parental relationships for people raised in kinship or foster care arrangements.

In a move designed to reflect the reality of grief, workers will be able to take leave flexibly. Rather than being required to take time off in a single block, leave can be used in individual days and accessed at any point within 56 weeks of the bereavement. The government said this would allow people to take time off not only in the immediate aftermath of a death, but also around anniversaries, birthdays, due dates or other significant moments.

The new framework will also keep administrative requirements to a minimum. Employees taking leave within the first eight weeks of a bereavement will only need to notify their employer as soon as reasonably practicable, while a week's notice will be required for leave taken later in the 56-week period. No evidence of the bereavement or pregnancy loss will be required.

While campaigners and many consultation respondents called for the leave to be paid, the government has decided the entitlement will remain unpaid. Ministers argued that the priority is establishing a universal minimum right, while encouraging employers to go further through enhanced contractual benefits where possible.

Alongside the legislation, the government has pledged to publish guidance for employers and employees and explore further ways of supporting bereaved workers in the workplace.

Why it matters: The reforms represent a significant expansion of workplace rights, particularly for those affected by pregnancy loss, who have long fallen outside existing statutory protections. By creating a universal right to bereavement leave and recognising the varied ways people experience grief, the government says it hopes to provide workers with the time, space and security needed to navigate loss without risking their employment.