What is Bereavement Leave?
Most people will experience the death of a person close to them during their working lives. Bereavement Leave is a period of time of work granted under the Employment Rights Act 1996 section 57a to an employee following the death of a ‘dependant.’ It allows employees to deal with unexpected issues and emergencies involving the dependant including making funeral arrangements and manage related affairs without worrying about their job security or workload.
Employers should not discriminate against employees when deciding on time off. As an example, not allowing an employee to attend a religious ceremony after a death could amount to religion or belief discrimination under the Equality Act 2010. Employers and employees should agree together how an employee takes time off for both religious and non-religious funerals.
What rights do employees have to time off for Bereavement Leave?
Everyone with the status of “employee” in the UK has the right to take time off if a “dependent dies.” A dependent can include;
- Their spouse, civil partner or partner;
- Their child;
- Their parent;
- A person who lives in their household (excluding tenants, lodgers or employees);
- A person who relies on the employee for care, such as, an elderly neighbour.
What if the person who died was not a child or dependant?
There's no legal right to time off in these circumstances.
However, regardless of whether an employee has a right to time off, employers should be compassionate towards a person's individual situation. The person who has died might not have a biological or legal connection to the employee, but might still be closely connected to them.
How much Bereavement leave can be taken?
The law does not specify how much time can be taken off if a dependant (who is not someone's child dies). It simply says the amount should be 'reasonable'.
This time off is for dealing with unexpected issues and emergencies involving the dependant, including leave to arrange or attend a funeral.
Employers typically offer 2 to 5 days for general Bereavement but exact amounts vary by Organisation Policy.
What are employees entitled to be paid during Bereavement Leave?
There is no automatic to the right to paid Bereavement Leave (except where Parental Bereavement pay applies). Employers may choose to offer enhanced paid leave in their internal policies. If longer is required, employers should discuss other options with employees such as annual leave, unpaid leave or sick leave (with a medical certificate if required). If an employee takes the time off as sick leave or holiday, they should get their usual sick pay or holiday pay.
What is Parental Bereavement Leave?
Under the Parental Bereavement (Leave and Pay) Act, parents and primary carers who have lost a child under the age of 18 may be entitled to Parental Bereavement Leave and/or statutory Parental Bereavement Pay.
Parental Bereavement leave is 2 weeks and can be taken from the first day of employment. The two week period of Bereavement leave can be used in one block of two weeks or as two separate one week periods. Leave must be taken within 56 weeks of the date of the child’s death.
Where the employee has lost more than one child, they will be entitled to take Parental Bereavement leave and pay for each child.
The employee’s employment rights are protected while on Parental Bereavement leave, including their rights to pay rises, accruing annual leave and returning to work.
For statutory Bereavement pay, parents and primary carers must have been employed for a continuous period of at least 26 weeks before their Bereavement and have received pay above the lower earnings limit for the previous eight weeks. The rate of Parental Bereavement Leave is set by the government.
Those who have not been employed for less than the continuous period of at least 26 weeks will be entitled to two weeks’ unpaid Parental Bereavement Leave.
‘Primary carers’ include adopters, foster parents, guardians and others such as close relatives or family friends that have assumed responsibility for looking after a child in the absence of parents.
The law also applies to employees who suffer a stillbirth after 24 weeks of pregnancy, continuing the right to 52 weeks of maternity leave and pay.
Bereavement leave after miscarriage or stillbirth
Employees are entitled to 52 weeks’ of statutory maternity leave and pay following a stillbirth after 24 weeks of pregnancy.
Some employers are adopting miscarriage leave policies for losses before 24 weeks, although this remains discretionary. This should be detailed in the organisation’s sickness or maternity policy for clarity of entitlements and obligations.
Upcoming changes to Bereavement Leave under the Employment Rights Bill
- Expansion of Statutory Bereavement Leave to All Employees
The Employment Rights Bill introduces a new day-one right allowing every employee (not just grieving parents) to take at least one week of Bereavement Leave following the loss of a “loved one” other than a child. Regulations will define which relationships qualify (for example, spouses, siblings or close relatives) and set out how the leave can be taken. This leave will be unpaid, although employers may choose to enhance pay as part of their Bereavement Leave Policies.
- Extending Bereavement Leave to early pregnancy loss
An amendment to the Bill will also recognise pre-24-week pregnancy loss (including miscarriage, ectopic pregnancy, medical termination or failed IVF implantation) as a reason for protected Bereavement Leave. Both the person who was pregnant and their partner will have a day-one right to at least one week of unpaid leave to grieve, subject to later consultation on duration and evidence requirements. Statutory pay is not guaranteed so employers may want to consider enhanced support to prevent staff from using sick leave instead.
Timing and implementation road map
The Bill is at report stage in Parliament with Royal Assent expected in Autumn 2025. According to the government’s implementation road map, general-bereavement reforms (including the new day-one rights and pregnancy-loss provision) are scheduled to come into force in 2027, alongside other family leave changes such as flexible working and unfair dismissal protections from day one.
