On 22 September 2026, the government published its Response to the earlier consultation on leave for bereavement including pregnancy loss before 24 weeks (see FC Feature 24 October 2025).
S 18 Employment Rights Act 2025 will establish a new day-one entitlement to unpaid 'bereavement leave' for employees who experience the loss of a loved one, including pregnancy loss before 24 weeks (see ERA 2025: Desktop, Q&A here). The consultation sought views on the practical details of implementing this entitlement, with the view to feedback informing the preparation of regulations. Following the consultation, the government intends that key elements of the secondary legislation will include the following (BIST Press Release).
- Eligibility for bereavement leave for pregnancy loss – leave will be available to: (i) the person who experienced the pregnancy loss; (ii) the spouse, civil partner, other parent or partner; (iii) the intended co-parent; and (iv) the intended parents in a surrogacy arrangement. The leave will apply to all the types of pregnancy loss listed in the consultation, including all types of miscarriage before 24 weeks, all terminations and IVF embryo transfer loss. This will not include IVF embryo loss pre-transfer.
- Eligibility for bereavement leave for the loss of other loved ones – leave will be available to employees who experience a bereavement of their spouse, civil partner, partner (cohabiting and non-cohabiting), parents, adult children, siblings (biological, adopted, step and half relations), as well as equivalent parental relationships for those raised in kinship and foster care arrangements.
- Length of bereavement leave – up to two weeks of leave, pro-rated to the employee's usual working pattern.
- The date from which bereavement leave can be taken – the leave can start on the date of knowledge of the death or pregnancy loss, or the date of death or pregnancy loss.
- Flexibility – the leave can be taken within 56 weeks of the death or knowledge of the death. It can also be taken discontinuously, in units of one day.
- Notice and evidence requirements – notice can be given as soon as reasonably possible, the same day if taken within the first eight weeks of bereavement, and with one week's notice thereafter. Any form of notice is acceptable and there are no evidence requirements.
Next steps
The government will implement secondary legislation, with measures coming into force in April 2027. It will also publish guidance for employers and employees and will continue to explore how it can support bereaved people in employment, including those who are not captured by this entitlement.
For further information on the ERA 2025 generally, see ERA 2025: Desktop.
First published on the Employment News Service on 22 September 2026
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