Bereavement is one of those situations where most good employers already try to do the right thing. But from April 2027, there will be a new statutory right to bereavement leave, and nursery employers will need to understand who qualifies and how the new rules will work.
The changes form part of the Employment Rights Act 2025 and will significantly extend the circumstances in which employees have a legal right to take time away from work following a loss.
The new bereavement leave will be a day-one employment right, so there will be no minimum length of service.
It will cover the death of an employee’s spouse, civil partner, committed long-term partner, parent, adult child or sibling. Importantly, the rules will recognise modern family relationships, including relevant biological, adoptive, step, half, kinship and foster relationships.
One of the most significant changes is the extension of statutory bereavement leave to pregnancy loss before 24 weeks.
This will include miscarriage, termination of pregnancy and unsuccessful IVF embryo transfers.
The entitlement won’t only apply to the person who was pregnant. Depending on the circumstances, it will also cover partners and others connected with the pregnancy, including intended parents in surrogacy arrangements.
Eligible employees will be able to take up to two weeks’ unpaid leave.
Unlike the existing parental bereavement leave arrangements, the new entitlement is designed to be particularly flexible. Leave will be capable of being taken in separate blocks, including individual days, rather than employees necessarily having to take a complete week at a time.
Employees will have up to 56 weeks following the loss to use their entitlement.
This flexibility matters. Grief doesn’t follow a timetable. Someone may need time immediately following a death, but they may also need a day away from work later for a funeral, anniversary, inquest or simply because they are struggling.
During the first eight weeks following the bereavement, employees will have considerable flexibility around notifying their employer. Where advance notice isn’t possible, notification can be given as soon as reasonably practicable.
After the first eight weeks following the bereavement, longer notice requirements will apply. This can be relevant when an inquest is called. Following a recent death at a workplace here in Redditch, the inquest has been announced for January 2028!
Crucially, employers will not be able to require evidence of the bereavement.
April 2027 might sound some way off, but this is another policy that will need reviewing alongside the other Employment Rights Act changes.
Check your existing compassionate and bereavement leave policy. In particular, consider whether it distinguishes between contractual compassionate leave and the new statutory unpaid entitlement.
And remember: the legislation sets the minimum. You can still choose to offer something more generous.
For Early Years employers, the key will be having a clear policy while retaining the compassion and sensitivity that bereavement deserves. If we can be of any assistance, please call us on 01527 909436.
