- Written by
- Lydia Button, Solicitor
The Government has published its response to the consultation on bereavement leave proposals under the Employment Rights Act, confirming the introduction of a new day one right to bereavement leave for eligible employees from April 2027.
Eligibility
The new entitlement will apply where an employee experiences the death of a close family member, including a spouse, partner (whether cohabiting or not), parent, adult child or sibling. The definition will cover biological, adopted, step and half), as well as equivalent parental relationships arising through foster care and kinship arrangements.
The new right will also extend to those affected by pregnancy loss before 24 weeks, including cases involving termination and IVF embryo transfer loss. Eligibility will include the pregnant person, the other biological parent, partners, and intended parents in surrogacy arrangements.
When and how
Eligible employees will be entitled to up to two weeks' unpaid leave, which may be taken in separate blocks of at least one day.
Leave must be taken within 56 weeks of the bereavement or the date of knowledge.
Notice requirements
Recognising the often unexpected nature of bereavement, employees will only need to provide notice before they were due to start work on the relevant day, or as soon as reasonably practicable, during the first eight weeks following the bereavement. Thereafter, one week's notice will be required.
Evidence
Employers will not be permitted to require evidence of the bereavement.
Implementation
The detailed framework will be published in guidance for employers and employees. The right will be implemented through secondary legislation ahead of the changes taking effect in April 2027.
Employers should begin reviewing their family leave and compassionate leave policies to ensure they are ready for the new regime.
If you would like to discuss these new changes, please do get in touch with our Employment Team on 020 8290 0440 (Bromley) or 01732 496 496 (Sevenoaks) or employment@thackraywilliams.com.
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