Bereavement leave in the UK

Some of the regulations kick in from April, with qualifying periods from already in play, and some are a bit more vague based on how Employment Rights Bill progresses.

Bereavement (and other) leave in the UK

We all know the death of a loved one is distressing and there is no one size first all approach to grief. But how does this affect employers and employees who have to navigate the roadmap of returning to work. Below are the different options to consider.

Bereavement Leave

Compassionate leave and bereavement leave are terms that are often used interchangeably.

The UK has introduced a general statutory right to bereavement leave for all employees, starting as a day‑one unpaid right. This covers bereavement following the loss of a loved one, including pregnancy loss, giving workers guaranteed protected time off where previously no general statutory entitlement existed.

Key aspects:
– Minimum one week of unpaid statutory bereavement leave.
– Must be taken within at least 56 days of the loved ones death, though regulations may extend this.
– Employees are protected from redundancy and dismissal linked to taking this leave.

Parental Bereavement Leave

While compassionate leave covers a range of emergency situations, Parental Bereavement Leave specifically covers an employee’s child passing away.

Employees have a right to take up to two weeks’ bereavement leave if they have a child under 18 who dies or if their child is stillborn. If the employee has worked for their employer for at least 26 weeks, they can receive statutory bereavement pay or 90% of their average earning if their pay is lower than that.

Bereaved Partner’s Paternity Leave

As of April 2026 the Bereaved Partner’s Paternity Leave (BPPL) will be introduce and is a significant new entitlement for parents whose partner dies during the first year of the child’s life or adoption. Previously bereaved partners could only access 2 weeks of paternity leave where as now they will have considerably enhanced rights.

Key points:
– Up to 52 weeks of unpaid leave to care for the child.
– Applies where the child’s mother or primary adopter dies in the first year.
– Applies to fathers, spouses, partners, adopters, and surrogacy parental order parents with main responsibility for the child.
– Is a day‑one service, with no minimum service needed, right for my family?

Compassionate Leave

Compassionate leave is time you take off work because of an issue in your personal life. This could be a bereavement or the serious illness of a loved one.

In UK, there is no law entitling us to compassionate leave. However, under employment law, you are entitled to time off to deal with an emergency involving a dependant, or to deal with the bereavement of your child. Employees who take compassionate leave have no legal right to be paid this – if the employee cannot negotiate paid leave, they must either use their annual leave or not be paid for this time.

Check if your employment contract includes compassionate leave options and if there are any company compassionate leave policies available in a company handbook or website.

Dependant Leave

Any employee has the right to unpaid time off to deal with an unexpected emergency involving a dependant. A dependant is someone who relies on you, such as your child, partner, parent or anyone who reasonably depends on your care. If this involves the death of a dependant, you may need time to organise a funeral or make other arrangements. This would qualify for dependant leave however, there is no law specifying the amount of time allowed other than what is considered “reasonable.”

Typically, this would mean around 1-2 days but it is always advisable to check with your company or manager to clarify this, especially if a longer period of time is anticipated. Notice should be given to your employer as soon as possible, along with a reason for the required absence.

Employees are protected from disciplinary action or dismissal for taking or requesting dependant leave.

Parental Leave

As of April 2026, all employees gain immediate eligibility for unpaid parental leave, subject to standard notice rules, usually 21 days.

Non-Dependant Leave

There is no such thing in the UK. Compassionate leave and bereavement leave focus on dependants, where provision of care is a key consideration.

In the case where you are grieving for someone that is not a dependant, you may be able to use annual leave or take unpaid leave. As there is no legal right to leave, we advise that you always consult your employer and explore what agreements you can reach together to give you the time and space you need.

Stillbirth

A new Statutory Bereavement Leave for Pregnancy Loss (including early miscarriage and stillbirth) will be legislated in 2026 through the Employment Rights Act, this will create a day‑one right, with no qualifying length of service required, to unpaid bereavement leave, which explicitly includes pregnancy loss. Employees will have a legal right to take at least one week of unpaid bereavement leave following a pregnancy loss at any stage, including:

– Stillbirth after 24 weeks
– Miscarriage before 24 weeks

In some cases, people feel a return to work is a healthy and normal way of managing their grief. For others, it may take more time and different levels of support. Most employers are happy to work with employees to create a return-to-work solution. The key thing is to keep lines of communication open and be honest about how you feel.