New rights for family bereavement and pregnancy loss

The Department for Business, Innovation, Science and Trade has published a press release, announcing new statutory rights to bereavement leave, including specific provision for pregnancy loss.

Women and their partners who experience a pregnancy loss before 24 weeks, including miscarriage, terminations and unsuccessful IVF Embryo Transfer will be entitled to up to two weeks of unpaid leave. This includes the biological and/or intended parents of a surrogacy arrangement.

Additionally, from April 2027, if an employee loses a spouse or partner, parent, adult child or sibling will also have a day-one statutory right to the bereavement leave (for the passing of a non-adult child, this right is already in place).

This entitlement seeks to provide grieving individuals with the security to have the time and space to mourn their loved ones. Many employers already provide employee's paid leave in such scenarios but this remains discretionary, therefore, the introduction of a statutory entitlement will provide a consistent baseline level of protection for employees in such circumstances.

The leave will be capable of being taken flexibly within 56 weeks of the loss, including as individual days rather than in one block. For employees taking leave within the first eight weeks, evidence of the loss will not be required and they can notify their employer when it's more reasonably practical.