The government has confirmed further details of the new statutory bereavement leave entitlement, due to come into force in April 2027. While many employers already offer compassionate leave, these changes will create a new legal right for employees to take protected time off following a bereavement and extend legal protections to a broader range of family relationships.
For employers, now is a suitable time to review policies and ensure managers understand the new requirements and that policies are updated before the changes come into force.
What is changing?
Under new legislation, employees will be entitled to up to two weeks’ unpaid leave from day one of employment following the death of a spouse, partner, parent, adult child, or sibling. The entitlement has also been extended to cover:
- Step-family relationships.
- Half-siblings.
- Adoptive families.
- Foster families.
- Kinship care arrangements.
Bereavement leave is additionally available following forms of pregnancy loss, including miscarriages, unsuccessful IVF embryo transfers, and other qualifying circumstances. Employees can take the leave flexibly within 56 weeks of the bereavement, rather than over one continuous period.
Why this matters for employers?
For most businesses, compassionate leave is already part of their people management approach. However, new legislation means there is now a minimum legal entitlement that employers must provide, regardless of whether a bereavement policy currently exists.
These changes are especially significant because they recognise the dynamics of modern family relationships and ensure that employers do not automatically assume bereavement leave only applies to immediate biological family members. This means organisations should take the necessary steps to review and update policies, procedures, and management practices to reflect the wider definition of family relationships covered by the legislation.
Key Actions for Employers:
✓ Review Existing Policies:
Employers should review bereavement, compassionate leave, and absence management policies to:
- Reflect the new legal right.
- Include the expanded definitions of family relationships.
- Explain how employees can request leave.
- Address pregnancy loss and fertility-related bereavement.
✓ Update Manager Training
- Managers are often the first point of contact when an employee experiences a bereavement.
- Training should focus on:
- Understanding the new statutory entitlement.
- Handling conversations sensitively and maintaining confidentiality.
- Applying policies consistently.
- Signposting wellbeing support and EAP services where available.
A compassionate and informed response can make a significant difference to an employee during a difficult period.
✓ Prepare for Increased Flexibility Requests
Because leave can be taken at any point within the 56 weeks of the loss, employers may receive requests months after the bereavement occurred. Businesses therefore should consider:
- How requests will be logged.
- Who will be responsible for approving leave requests.
- How cover arrangements will be managed.
- How absence systems will track entitlement.
Clear processes will show consistent decision making across the business.
✓ Consider Wider Wellbeing Support
Whilst the statutory entitlement is unpaid, many employers may wish to consider whether their existing approach provides sufficient support for employees experiencing bereavement.
Employers who do offer enhanced paid leave, wellbeing support or flexible working arrangements can often see improved benefits in employee engagement, retention, and workplace culture. The new legislation should be viewed not only as a compliance requirement, but also as a new opportunity to review how an organisation supports its employees during their most challenging circumstances.
How can THSP help?
THSP can support employers by:
- Reviewing existing bereavement, compassionate leave, and absence management policies.
- Updating employee handbooks and supporting documentation to reflect the statutory entitlement.
- Providing practical HR and Employment Law advice on implementing the changes within your organisation.
- Supporting managers to apply policies consistently and confidently.
Although implementation is not due until April 2027, employers should use the time available to prepare for the changes and ensure their policies, procedures and management practices align with the new statutory bereavement leave framework. By taking proactive steps now, employers can meet their legal obligations while ensuring employees receive appropriate support during a challenging time.
THSP can review your current bereavement, compassionate leave and absence policies, identify what needs to change and update the relevant documentation so your business is ready before the new rights come into force.
If you are unsure whether your existing policies will meet the new requirements, speak to THSP’s HR and Employment Law team now.
Book an HR policy review with THSP and we’ll tell you clearly what needs updating, what can stay as it is and what action you should take before April 2027.