For many employees, trying to work shortly after a bereavement can be extremely challenging. Along with their grief, they may have to deal with the coroner, planning the funeral or supporting loved ones and dependants. Some faiths have specific rituals and mourning periods following the death or funeral that require an employee to take time off work.
Many businesses offer bereavement leave but, at the moment, there is no general legal entitlement to time off work for someone who has experienced a bereavement. Instead, there is a patchwork of provisions that apply to parents and to any employee in relation to a dependant. This is expected to change in 2026 with the introduction of a wider right to take bereavement leave.
An employee is protected from being treated less favourably if they exercise statutory rights to time off. There is also a risk that an employer may discriminate against an employee if their request for time off relates to religion or pregnancy.
We review the ways in which employees are currently entitled to time off, and outline the expected changes to employment law, and related policy considerations for employers.
Death of a dependant
Employees may take unpaid leave if a dependant dies. Dependants include a spouse, child or parent, or someone who relies on the employee for help, whether they live with them or not. There is no specific amount of time that can be taken off, instead the employee may take a ‘reasonable’ amount of time off for necessary actions arising from the death of a dependant, such as registering the death. This type of leave is intended to cover urgent practical arrangements and is usually for no more than a few days. Employees have this right from the first day of their employment.
Loss of a child or baby
In addition to time off if a dependant dies, parental bereavement leave gives parents, including adopters and foster parents, the right to take two weeks’ leave following the death of a child aged under 18 or a still birth after 24 weeks’ pregnancy. Employees have this right from the first day of employment. If the employee has worked for the employer for 26 weeks and they are paid more than the lower earnings limit (£125 per week for 2025/26) they must receive statutory parental bereavement leave pay (£187.18 or 90% of pay, whichever is lower). Otherwise, the leave is unpaid unless the employer chooses to pay them.
Although it is not described as ‘bereavement leave’, parents can continue to take family-friendly leave in certain circumstances.
Parents of babies born on or after 6 April 2025 who receive neonatal care for at least seven days during their first 28 days of life, including palliative care, are entitled to take up to 12 weeks’ neonatal care leave. If the baby dies once the parents have become entitled to neonatal care leave, the parents are able to continue to take their leave. The definition of parents includes adopting parents and intending parents in the case of surrogacy. For parents who meet the eligibility criteria, the leave will be paid and the rate of pay and criteria are the same as for statutory parental bereavement leave.
An employee who has a still birth after 24 weeks of pregnancy or whose baby dies after birth, remains entitled to 52 weeks’ maternity leave and, if eligible, maternity pay. The entitlement to paternity leave also applies, as do entitlements to shared parental leave.
At the moment, there is no legal right to take time off work after the loss of a pregnancy during the first 24 weeks, other than sickness absence.
Use of annual leave
Bereaved employees may request to take annual leave if they do not have a legal entitlement to take time off or they have already exhausted that entitlement. The purpose of annual leave is rest and recuperation. As a matter of good practice, employers may wish to discuss alternatives with the employee, so that they can save their annual leave entitlement. This could be paid or unpaid compassionate leave.
Changes on the horizon
A new right to bereavement leave was included in the Employment Rights Bill 2024, proposing to give all employees the right to one week’s unpaid leave following the death of a relative or dependant. Regulations will specify the relationships with a person who has dies that will entitle the employee to take bereavement leave. There is no provision for this wider class of bereavement leave to be paid. The Government is expected to consult on the detail this year, with the new right being introduced in 2026, at the earliest.
Some employers already have a policy which covers miscarriage and pregnancy loss and that extends the right to paid time off to employees who experience pregnancy loss before 24 weeks. In January 2025, the Women and Equalities Committee of the House of Commons published a report recommending that this should become law by adding it to the Employment Rights Bill, and a proposed amendment to the Bill to this effect has been put forward. The Government responded by accepting the principle of bereavement leave for pregnancy loss. It said it will discuss this further as the Bill passes through Parliament.
Should employers voluntarily offer bereavement leave?
On compassionate grounds, employers may wish to offer bereavement leave to employees who are not legally entitled to it or to offer a more generous provision than the legal minimum. To do so encourages employee loyalty and improves morale. A further consideration is that a bereaved employee may struggle to work effectively and it may be better for both the individual and the business if they are given time off work.
How we can help
We can prepare a policy that sets out your organisation’s approach to bereavement leave. This allows everyone to know where they stand and ensures that line managers act with greater consistency across the business.
Although you may wish to offer bereavement leave beyond the legal entitlement, allowing employees time off, particularly on short notice, can be disruptive to a business.
We can advise you on responding to specific requests, as these could result in claims for religious or pregnancy-related discrimination. We can also advise you on the detail of statutory rights to ensure you stay on the right side of the law, such as the employee’s rights during certain types of leave and on returning to work. For further information, contact Senior Associate, Patrick Glencross or a member of Furley Page’s Employment team on 01227 763939.
Please note: This article is for general information only and does not constitute legal or professional advice.
