What are your employment rights when someone you love has died?

At present, there is a statutory right to bereavement leave for parents who are employees and who have lost a child under the age of 18 or have suffered a stillbirth after 24 weeks of pregnancy. This means all eligible employees can take up to two weeks’ parental bereavement leave, within 56 weeks of the child’s death or stillbirth.

Employees with at least 26 weeks’ continuous service may also be eligible for statutory parental bereavement pay. From 6 April 2026, this is payable at £194.32 per week or 90% of the employee’s average weekly earnings, whichever is lower.

Where a child is over the age of 18, there is no statutory right to bereavement leave. However, parents may still be entitled to take time off under the right to “time off for dependants”, provided the child was dependent on them for care prior to their death.

Employees are protected from dismissal or detriment for exercising their right to bereavement leave or ‘time off for dependants’.

In addition to statutory rights, many employers offer “compassionate leave” under contractual policies. While this is not a statutory entitlement, and is granted at the employer’s discretion, such policies can be applied more broadly and may extend beyond employees to other categories of workers.

Employees are also entitled to a ‘reasonable’ amount of unpaid time off to deal with the death of a dependant. What constitutes ‘reasonable’ is not defined in legislation and will depend on the individual circumstances. A dependant can include a child, spouse or civil partner, parent, or someone who lived in the same household as the employee who has passed away and reasonably relied on the employee for care and support.

Additionally, in cases of stillbirth, an employee’s entitlement to maternity and paternity leave and pay is preserved, which may be combined with parental bereavement leave.

From 6 April 2026, the Paternity Leave (Bereavement) Act 2024 extended bereavement leave for employed fathers or partners where the child’s mother or adoptive parent dies within a year of the child’s birth or placement. In such circumstances, the surviving partner will be able to take the unused period of the deceased partner’s maternity or adoption leave.

This will be a day one right, meaning no qualifying service is required. There will be no statutory entitlement to pay during this period of leave, and the leave must be taken within 52 weeks of the child’s birth or placement.

The Employment Rights Act 2025 (ERA) has introduced a general entitlement to protected time off for bereaved employees. The details of this right will be set out in additional legislation following a government consultation, which closed on the 15 January 2026.

Further clarification of this right is expected in due course but broadly, this new type of bereavement leave is intended to be a day one right to unpaid leave following the death of a ‘loved one’. This will include pregnancy loss. This entitlement is expected to commence in 2027, which will strengthen the existing position. An employee will have at least 56 days to take this leave, and it is expected to be for a minimum of one week.

Currently, if a miscarriage is suffered before the 24th week of pregnancy, there is no entitlement to bereavement leave. The ERA will bridge this gap by extending bereavement leave to employees who have suffered from a miscarriage before the 24th week of pregnancy, ensuring those who experience loss at any time before birth are protected. This is expected to begin in 2027.

While many of these protections will be implemented in 2027, it is important for both employees and employers to ensure they are aware of their statutory rights and the changes to how bereavement will be supported in the workplace. These changes provide clarity and protection for individuals. Employers should start reviewing their policies and internal procedures to ensure they are prepared for these upcoming changes.