The government has provided a response to the Employment Rights Act consultation on bereavement leave.
In a nutshell:
- Employees will gain a new day-one right to up to two weeks of statutory bereavement leave from April 2027.
- The entitlement will cover pregnancy loss before 24 weeks as well as a wider range of family and parental relationships than current legislation.
- Employers will not be able to require evidence before granting leave, with government guidance to follow ahead of implementation.
The BRC responded to the consultation in January - you can find that here. Retailers were broadly supportive for the proposals, with some pushing for the government to go further and introduce a paid entitlement.
What does the new right to bereavement leave look like in practice?
Eligibility
The new right will apply to immediate family members (biological, adopted, step and half-relations) including spouses, civil partners, and partners in a committed long-term relationship (cohabiting or non-cohabiting), parents, adult children, and siblings - as we as equivalent parental relationships for employees who were raised in kinship or foster care.
The response emphasises that, whilst this is the legal floor for the new right, employers are encouraged to use their discretion for other circumstances and apply the right where appropriate.
All types of pregnancy loss will also be covered, for the person experiencing the loss and the partner.
When and how bereavement leave can be taken
The leave will be as follows:
- Two weeks of unpaid bereavement leave (pro-rata based on the hours someone works - i.e. someone who works five days a week would be entitled to 10 days, whereas someone who works two days a week would be entitled to four).
- The leave can start at either the date of the bereavement, or the date of the employee's knowledge of the bereavement.
- The leave can be taken discontinuously, in units of one day, over 56 weeks.
Notice and evidence requirements
Notice should be provided on the day someone expects to take the leave as far as is appropriate - with a week's notice required for any leave taken after the initial 8 weeks. Any or all forms of notice will be considered acceptable.
No evidence will have to be given to an employer in order to qualify for the leave.
These measures will come into force in April 2027.
We are interested to hear members' reflections and feedback on this policy. Please reach out to Ben if you have views, questions, or would like to discuss anything further.
