Labour

Government confirms new legal right to bereavement leave including pregnancy loss

Employees will gain a day-one legal right to bereavement leave from April 2027, including up to two weeks of unpaid leave following pregnancy loss before 24 weeks.

By Charlotte Mercer • Published 22 September 2026 at 10:00 • 4 min read
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Employees will receive a new legal right to take bereavement leave following the death of a close family member, with the protection extended to women and their partners following pregnancy loss.

The Government confirmed that the statutory entitlement will come into force across Great Britain in April 2027 as part of its wider Make Work Pay employment reforms.

Women and their partners who experience a pregnancy loss before 24 weeks will be entitled to take up to two weeks of unpaid leave.

The pregnancy-loss provision will cover miscarriage, termination and unsuccessful IVF embryo transfer, recognising circumstances which are not covered by the existing statutory parental bereavement scheme.

New right begins in April 2027

The entitlement will be available from the first day of employment, meaning workers will not have to complete a minimum period of service before qualifying.

Ministers intend to enact the detailed rules through secondary legislation, with the changes scheduled to take effect in April 2027.

The Government has confirmed the policy and implementation date, but the entitlement is not yet in force. Until the new regulations commence, access to compassionate leave in many of these circumstances will continue to depend upon an employer's own policy.

The statutory leave will be unpaid. Employers will remain free to provide paid bereavement leave or more generous conditions.

Which family relationships will be covered?

The new right will apply when an employee loses a spouse or partner, parent, adult child or sibling.

Its definition of family will also recognise step-family and half-family relationships, together with adoptive, kinship-care and foster relationships.

The Government said this would provide a legal safety net for people who currently have no specific statutory entitlement, including an employee grieving the death of a stepchild.

Proposals to include more distant relatives and close friends were considered during consultation but are not included in the confirmed entitlement.

Pregnancy-loss protection extended to partners

The pregnancy-loss entitlement will apply to the woman who experienced the loss and her partner.

It will also cover the other biological parent and intended parents involved in a surrogacy arrangement.

The Government said the provision recognised that pregnancy loss affects the whole family and should receive formal recognition in employment law.

Pregnancy loss before 24 weeks does not currently create a general statutory right to bereavement leave in England, Scotland and Wales. Existing parental bereavement rights principally cover the death of a child under 18 or a stillbirth after 24 weeks of pregnancy.

Leave can be taken flexibly

Employees will be able to take the new leave flexibly during the 56 weeks following their loss.

Rather than requiring the entire entitlement to be taken as one continuous block, the regulations will allow leave to be used as individual days.

During the first eight weeks after a bereavement, an employee will only have to notify their employer as soon as reasonably practicable. They will not be expected to provide advance notice where that is unrealistic.

No employee will be required to produce evidence of the death or pregnancy loss. Ministers said the approach was intended to protect privacy and dignity at a deeply distressing time.

Protection against dismissal or detriment

Employees who exercise the statutory right will be protected from suffering a detriment or being dismissed because they have taken bereavement leave.

The protection means the reform is more than a discretionary compassionate-leave policy: qualifying employees will have an enforceable employment right.

The Government said more than eight in ten employers and nine in ten business representative organisations responding to its consultation supported bereavement leave following the death of an immediate family member.

Minister says reforms create a safety net

Minister for the Future of Work Kate Dearden said nobody should have to fight for time to grieve and thanked campaigners whose experiences helped bring about the reform.

She said many employers already went further by offering paid leave, but argued that a legal minimum was needed for employees whose workplace did not provide equivalent support.

Miscarriage UK welcomed formal recognition of pre-24-week pregnancy loss and the inclusion of partners, while saying it would continue campaigning for the entitlement to become paid leave.

Existing parental bereavement rights remain

The new provisions build upon the existing Parental Bereavement Leave scheme for parents whose child dies before turning 18 or who experience a stillbirth after 24 weeks.

The wider statutory right will close gaps affecting the loss of adult children and other immediate family members, as well as pregnancy losses occurring before the 24-week threshold.

Further Government guidance is expected before April 2027 to help employees and businesses prepare for the new rules.

Sources

  1. Department for Business: New rights for family bereavement and pregnancy loss — 22 September 2026
  2. UK Government: Make Work Pay consultation on bereavement leave including pregnancy loss
  3. Legislation.gov.uk: Employment Rights Act 2025, Section 18
  4. Department for Business: Pregnancy-loss bereavement leave amendment — 7 July 2025
  5. GOV.UK: Existing Statutory Parental Bereavement Pay and Leave
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