In anticipation of the Employment Rights Bill being passed shortly, the government has launched several consultations. These give us an idea of how they would like these elements of the ERB to work in practice, as well as a chance to have input into the final regulations.
Currently, paid statutory bereavement leave is only available to those employees who experience a pregnancy loss after 24 weeks or lose a child under the age of 18. Although emergency time off for dependents is available alongside sick leave, any time off for another type of bereavement is not provided by law.
The ERB introduces a statutory day one right to at least one week of unpaid bereavement leave, which includes pregnancy loss before 24 weeks. We expect implementing regulations to be published shortly after consultation closes and to be in force sometime in 2027
The consultation is split into three sections:
Bereavement leave eligibility
The consultation explores who should be eligible for bereavement leave and in what circumstances. Questions are asked about which relationships between the bereaved employee and the person who has died should attract the leave entitlement.
We expect that the definition of eligible relationships will likely mirror the definition for the right to time off for dependants and carers leave (i.e. spouse, civil partner, parent, child or someone in the same household that isnt a tenant/ lodger/employee). However, the consultation recognises the evolving and diverse nature of Britains society. It asks whether grandchildren and extended family such as cousins should be included, and whether the importance of the person to your employee should matter. For example, should it include a foster carer or chosen family such as close friends
It also asks whether bereavement leave for pregnancy loss should only apply to the person physically experiencing the loss or whether it should also include others such as their partner, ex-partner or intended surrogacy parents. Views are sought on the types of pregnancy loss that should be included.
When and how bereavement leave can be taken
The consultation seeks views on increasing the amount of leave from the one week proposed in the ERB to two weeks, as an example, and whether leave should be taken in one block or in single days or weeks.
Notice requirements are likely to be situation specific. Same-day notice might apply for immediate leave but longer notice requirements are proposed for leave taken in the future. Flexibility for pregnancy loss, in particular, is expected to aid physical and emotional recovery because employees may use sick leave initially and then bereavement leave at a later date.
Evidence requirements
Requiring proof is a sensitive area as there may be circumstances that cause delays and make it difficult for employees to quickly provide formal documentation. So, the consultation seeks views on the most appropriate approach here.
Next steps
The consultation closes on 15th January 2026. Boyes Turner will be submitting a response to the consultation. Please do get in touch with the employment team if you would like to contribute or require further information.
