Is your bereavement leave policy ready for April 2027?
Many employers already offer some form of compassionate or bereavement leave. From April 2027, however, there will be a new statutory minimum for employers to take into account.
The Government has now confirmed how the new day-one right to bereavement leave is intended to operate. For HR teams, the next step will be to compare existing policies with the new statutory minimum and decide whether anything needs to change.
Who will be covered?
Employees will be entitled to up to two weeks’ unpaid leave following the death of a spouse or civil partner, long-term partner, parent, adult child or sibling. A range of step, half, adoptive, foster and kinship relationships will also qualify.
The statutory definition has limits. Grandparents, grandchildren, wider family members, close friends and ‘chosen family’ are not included. Employers can, of course, continue to offer more generous arrangements.
Pregnancy loss before 24 weeks will also be covered, including miscarriage, ectopic and molar pregnancy, termination and IVF embryo transfer loss. The right will extend beyond the person who was pregnant to include partners and intended parents.
How will the leave work?
Flexibility is a central feature of the new regime.
The two-week entitlement will reflect the employee’s normal working pattern and can be taken as individual days rather than one continuous block. Employees will have 56 weeks following the bereavement in which to use their entitlement.
Notice requirements will also be relatively light touch. During the first eight weeks after bereavement, notice need only be given before the employee starts work that day, or as soon as reasonably practicable afterwards. After eight weeks, one week’s notice will be required.
Employers will not be entitled to require evidence of the bereavement.
What about Parental Bereavement Leave?
Parental Bereavement Leave will remain a separate right. Where a child under 18 dies, or there is a stillbirth after 24 weeks, an employee may qualify for Parental Bereavement Leave and potentially Statutory Parental Bereavement Pay.
Depending on the circumstances, an employee could therefore qualify for leave under both regimes.
Time for a policy check
HR teams should review existing bereavement, compassionate leave and pregnancy loss policies before April 2027. In particular, consider who qualifies, how much leave is available, whether it is paid, how it can be taken and what notice or evidence is required.
The statutory scheme is intended to provide a floor, not a ceiling. The task for employers is therefore not simply to add a new entitlement, but to consider how the statutory right fits alongside what their organisation already offers.
Here to help
Our Employment team can help employers review bereavement, compassionate leave and pregnancy loss policies against the new statutory entitlement and decide how it should interact with existing benefits. If you would like advice on updating your policies or handling a particular bereavement leave request, please contact Richard Gvero, Senior Partner and Head of Employment.
Please note, the contents of this article are provided for information only and must not be relied upon.
