Currently, statutory entitlement is primarily restricted to the loss of a child under 18 or a stillbirth after 24 weeks. The incoming legislation expands these rights into a universal day-one entitlement that covers a significantly broader range of life events.
The changes come into effect in April 2027, giving businesses a time-sensitive window to update internal policies, train management and implement modern tracking mechanisms. Understanding these changes allows employers to show they’re being proactive, fully compliant plus offering compassionate support for their workers.
What are the expanded eligibility criteria?
The new regulations significantly broaden who qualifies for statutory protection. Eligibility spans both family bereavements and pregnancy losses, including:
- Pregnancy loss (Under 24 weeks): Covers miscarriages, medical terminations and failed IVF embryo transfers. It’s available to the pregnant individual, biological father, long-term partners and intended partners via surrogacy arrangements.
- Family loss: Covers the loss of a spouse, civil partner, long-term partner, parent, adult child or sibling (including biological, step, half and adoptive relationships).
- Kinship & care relationships: Extends to individuals raised under informal or formal foster and kinship care arrangements.
Allowance, notice and evidence rules
Employees can take up to two weeks of leave based on their usual working pattern. This leave can be taken flexibly in full-day units or block periods within 56 weeks of the bereavement or learning of the loss.
Notice can be submitted using any communication method, including email, text, telephone, Microsoft Teams or self-service leave requests. Same-day notice applies if taken within eight weeks of the loss, while one week’s notice is required thereafter.
Crucially, employers are strictly prohibited from asking employees to provide any formal proof or evidence of the bereavement.
Statutory pay vs employer discretion
The legal baseline requires employers to offer unpaid leave, although progressive organisations are choosing to provide full or partial pay as part of enhanced compassionate leave packages.
Action plan for employers
To prepare for the April 2027 statutory deadline, organisations need to audit their internal processes and management readiness, including:
- Update HR policies: Review your staff handbook and employment contracts against secondary legislation guidelines.
- Brief line managers: Ensure line managers understand notification rules, compassionate handling and the prohibition on requesting evidence.
- Manage leave overlaps: While other entitlements such as maternity, paternity or dependants’ leave are distinct, their interaction with bereavement leave must be recorded accurately.
- Implement tracking systems: Deploy a reliable time and attendance system to track discontinuous days accurately without adding admin friction.
FAQs
Are employers required to pay staff during statutory bereavement leave?
No. The legal minimum mandate set by secondary legislation is for unpaid leave. Employers may choose to offer paid compassionate leave at their own discretion to enhance employee wellbeing benefits.
Can we ask an employee for a doctor’s note or death certificate?
No. Under the incoming rules, employees aren’t required to provide any evidence of the loss or bereavement. Employers must accept notice submitted through standard communication channels without requesting documentation.
How can employees break up their two-week allowance?
Leave does not need to be taken in a single two-week block. Employees can take discontinuous single days or blocks of days across a 56-week window, provided leave is recorded in full-day increments.
How do these changes affect existing paternity or maternity leave rights?
Existing family leave rights remain structurally separate. However, because bereavement leave can interact with or run alongside other entitlements, precise record-keeping is essential to maintain statutory compliance.
How Capture it™ positions your business for compliance
Keeping updated on employment rights means having clear visibility over absence, entitlement balances and flexible working patterns. Contact us now to request your demo of our time and attendance software.
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