New Bereavement (Compassionate) Leave Rules Confirmed
Alan Kitto
Following its consultation earlier this year, the Government has now confirmed its plans for a new statutory right to bereavement leave (often referred to as compassionate leave).
Here's what's changing:
A day one right. Employees will be entitled to bereavement leave from their very first day of employment, there will be no qualifying period required.
Who it covers. Leave will be available following the death of a spouse, civil partner, or partner in a committed long-term relationship (whether cohabiting or not), a parent, an adult child (losing a child under the age of 18 is covered in existing legislation), or a sibling, including biological, adopted, step and half relationships, plus equivalent parental relationships arising from kinship or foster care.
Pregnancy loss. For pregnancy loss before 24 weeks, including termination and IVF embryo transfer loss, the pregnant person qualifies, as does their spouse, civil partner, other parent or committed partner, intended co-parents, and intended parents in surrogacy arrangements.
How much leave. Employees will be entitled to up to two weeks' unpaid leave, which can be split into blocks, as long as each block is at least one day.
Timing. Leave must be taken within 56 weeks of the bereavement (or of learning about it).
Notice. In the first eight weeks after a bereavement, employees only need to give notice before they're due to start work that day, or as soon as reasonably practicable. After eight weeks, one week's notice applies.
No evidence required. Employers won't be able to ask employees to provide evidence of the bereavement.
The changes will come into force via secondary legislation in April 2027.
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