UK employees already have a day-one right to parental bereavement leave when a child under 18 dies or there is a stillbirth after 24 weeks. A wider unpaid bereavement leave right has been established, including pregnancy loss, but detailed regulations are still expected. Employers should keep statutory and discretionary bereavement leave separate.
The current UK position
Bereavement leave is one of the most sensitive areas of absence management because the legal position does not always match what people expect. There is already a specific statutory right for parents who lose a child under 18, or experience a stillbirth after 24 weeks of pregnancy. There is also a new wider bereavement leave framework in the Employment Rights Act, but the detailed rules are still being developed.
For employers, that means your policy needs to do two jobs. It must comply with current statutory rights, and it must give managers a humane, consistent approach for bereavements that are not yet covered by a specific statutory leave route.
Parental bereavement leave
Parental bereavement leave applies when an employee loses a child under 18 or has a stillbirth after 24 weeks of pregnancy. The right to leave applies regardless of length of service. Statutory parental bereavement pay is separate and has its own eligibility rules.
GOV.UK says an employee may be eligible as the child's parent, the parent's partner, an adoptive parent, a person with day-to-day responsibility, or a parent through surrogacy in the circumstances set out in the guidance.
| Area | Current rule | Employer action |
|---|---|---|
| Leave length | Up to 2 weeks | Record as parental bereavement leave |
| Service needed for leave | Day one | Do not apply a service threshold for leave |
| Pay rate 2026/27 | £194.32 per week or 90% of average weekly earnings, whichever is lower | Check pay eligibility before paying SPBP |
| Service needed for pay | Normally 26 weeks up to the relevant week | Use GOV.UK calculator or payroll process |
Statutory parental bereavement pay
For 2026 to 2027, statutory parental bereavement pay is £194.32 per week or 90% of average weekly earnings, whichever is lower. The employee must meet the pay eligibility rules, including continuous employment and average earnings requirements.
Employers can usually reclaim 92% of statutory parental bereavement pay. Small Employers' Relief can allow eligible small employers to reclaim 109%.
The wider bereavement leave right
The Employment Rights Act establishes a new day-one unpaid right to protected bereavement leave for employees who experience the loss of a loved one, including pregnancy loss. Government material says the minimum duration must be at least one week, and the bereaved person must have at least 56 days to take the leave, with the detail to be set in secondary legislation.
The same government factsheet says extended bereavement leave, including pregnancy loss, is expected in 2027. Until those regulations are finalised, employers should be careful not to present the new wider right as already fully operational with final rules.
Pregnancy loss before 24 weeks
Current parental bereavement leave covers stillbirth from 24 weeks. The proposed wider bereavement leave framework includes pregnancy loss before 24 weeks, but the detailed rules are still being set. This is an area where employers can choose to go further than the statutory minimum now.
A good policy should explicitly mention miscarriage, ectopic pregnancy, molar pregnancy, IVF embryo transfer loss and other pregnancy loss situations if the employer wants managers to respond consistently. Waiting for a legal minimum can leave employees unsupported and managers uncertain.
What a good bereavement policy should include
Separate statutory and discretionary leave
List parental bereavement leave separately from wider compassionate or bereavement leave. That keeps pay and record-keeping clean.
Define paid support clearly
State what is paid, what is unpaid, and when managers can approve more time. Avoid forcing decisions during grief.
Handle evidence gently
Reserve the right to ask for evidence where needed for statutory pay, but do not make intrusive documentation the default for every bereavement.
Plan the return to work
Grief does not end when leave ends. Consider phased returns, temporary flexibility, adjusted workload and signposting to support.
Sample bereavement leave policy wording
Recording bereavement leave properly
Do not hide bereavement absence inside annual leave unless the employee chooses that option. It creates inaccurate holiday balances and makes it harder to see how the business supports staff during serious life events.
The cleanest approach is to use separate leave types: statutory parental bereavement leave, contractual bereavement or compassionate leave, time off for dependants, annual leave and sickness absence. That helps managers act consistently and helps payroll identify any statutory pay due.
If the request does not fit a statutory leave right, use a clear unpaid leave policy template so managers know when unpaid time off can be approved, refused and recorded.
Sources
| Source | What it confirms |
|---|---|
| GOV.UK | Statutory Parental Bereavement Pay and Leave employer guide |
| GOV.UK | Parental bereavement eligibility rules |
| GOV.UK | 2026 to 2027 statutory pay rates |
| GOV.UK | Bereavement leave including pregnancy loss consultation |
| Department for Business and Trade | Bereavement, paternity and unpaid parental leave factsheet |
| GOV.UK | Employee rights during parental leave |