Bereavement leave reform: what employers should do now

Employers should begin reviewing their bereavement and compassionate leave policies ahead of a significant extension to statutory rights, expected to take effect in April 2027. The reforms will introduce a broader minimum entitlement while requiring organisations with existing enhanced benefits to ensure their arrangements remain compliant and clear.

A broader day-one right

At present, the current legislative framework is limited. Eligible employees may take two weeks’ parental bereavement leave following the death of a child under 18 or a stillbirth after 24 weeks of pregnancy. There is no general statutory right to compassionate leave, although employees can take reasonable unpaid time off to deal with emergencies involving a dependant.

The new framework is expected to provide two weeks’ unpaid bereavement leave from the first day of employment. It will cover the death of a spouse, civil partner, qualifying partner, parent, adult child or sibling, including certain adoptive, step, half, kinship and foster relationships. Pregnancy loss before 24 weeks – including miscarriage, termination and unsuccessful IVF embryo transfer – will also qualify in specified circumstances.

Employees will be able to take leave as individual days within 56 weeks, rather than only as one continuous absence. Employers will therefore need policies and HR systems that can support different patterns of leave.

Reviewing existing policies

Organisations should assess whether existing benefits are contractual and review eligibility, duration, pay, timing and notification requirements together. A generous paid policy may still need amendment if, for example, it requires all leave to be taken immediately and does not allow the flexibility required by the new regime.

Policies should also explain clearly how company benefits interact with statutory leave. Enhanced company leave should not unintentionally create an additional entitlement, while internal restrictions must not prevent employees from exercising their statutory rights. Broader compassionate leave will remain important for losses and serious family circumstances outside the statutory categories.

Preparing managers for implementation

Managers will play a central role in applying revised policies sensitively and consistently. Training should cover eligibility, pay, booking arrangements, confidentiality and protection against detriment or dismissal, as well as the distinction between bereavement leave, compassionate leave, dependants’ leave and sickness absence.

The scheme is expected to require no evidence of loss and to permit notice in any form, with more flexible arrangements during the first eight weeks. Employers should use the period before implementation to reconcile the new entitlement with existing benefits, communicate changes clearly and equip managers to respond with appropriate judgement and care.

Read the full article on The Well Crowd: Bereavement and compassionate leave: reviewing workplace policies ahead of the new legislation