Consultation on bereavement leave
11 November 2025
Statutory bereavement leave is currently limited to parental bereavement leave and pay, available only to parents who lose a child under 18 or experience a stillbirth after 24 weeks and this can be taken within a 56 week period.
The Employment Rights Act 2025 will introduce a new day-one right to unpaid bereavement leave for employees who experience the loss of a loved one, including pregnancy loss before 24 weeks. It provides for a statutory minimum of at least one week of unpaid leave, to be taken within a window of at least 56 days from the date of loss and protections from unfair treatment and dismissal for taking bereavement leave and the preservation of contractual rights during leave.
The Consultation (CP) seeks views on the practical implementation of the new statutory right to unpaid bereavement leave, including for pregnancy loss before 24 weeks with a view to creating a consistent statutory framework. It addresses: eligibility, when and how bereavement leave can be taken, notice and evidence requirements, the outcome of which will inform the contents of the implementing secondary legislation.
