Bereavement leave: an employer’s guide
It is a sad fact of life that most people will experience a bereavement at some stage in their working lives. For many employees, trying to work shortly after a bereavement can be extremely challenging and some employees may find the grieving process harder if they feel they do not have sufficient support from their employer. Along with their grief, they may have to deal with the coroner, planning the funeral or supporting loved ones. Some faiths have specific rituals and mourning periods following the death or funeral that require an employee to take time off work.
Many businesses offer bereavement (or compassionate) leave but, at the moment, there is no specific legal entitlement to time off work for someone who has experienced a bereavement. Instead, there is a patchwork of provisions that apply to parents and to any employee in relation to a dependant. This is expected to change in 2026 with the introduction of a wider right to take bereavement leave as a result of the proposals contained in the Employment Rights Bill 2024,’ says Natasha Smith, Senior Associate Employment Solicitor at Parfitt Cresswell Solicitors.
Nastasha continues, ‘An employee is protected from being treated less favourably if they exercise statutory rights to time off. There is a risk that an employer may discriminate against an employee if the request for time off relates to matters such as their religion or pregnancy.’
In this article, Natasha explains the ways in which employees are currently entitled to time off, the expected changes to employment law, and policy considerations for employers.
Death of a dependant
Employees may take unpaid leave if a dependant dies. Dependants include a spouse or partner, a child, a parent of the employee or someone who relies on the employee for help, whether they live with them or not. Employees have this right from the first day of their employment.
There is no specific amount of time that can be taken off, instead the employee may take a ‘reasonable’ amount of time off work for taking care of any necessary actions arising from the death of a dependant, such as registering the death.
This type of leave is intended to cover emergencies, and it is therefore usually only anticipated to provide time off for no more than a few days. In addition, what is considered to be a ‘reasonable’ amount of time off by an employee may not be shared by the employer and the fact it is unpaid leave, can result in additional pressure being placed on employees at a difficult time.
Loss of a child or baby
In addition to having the right to take time off work if a dependant dies, Parental Bereavement Leave gives parents, including adopters and foster parents, the right to take two weeks’ leave following the death of a child aged under 18 or a still birth after 24 weeks’ pregnancy. Employees have the right to take this leave from the first day of employment.
If the employee has worked for the employer for at least 26 weeks and they are paid more than the lower earnings limit (£125 per week for 2025/26) they must receive statutory parental bereavement leave pay (currently £187.18 or 90% of pay, whichever is lower). If they do not meet this criteria, the leave will be unpaid, unless the employer chooses to pay them.
Although it is not described as ‘bereavement leave’, parents can continue to take family-friendly leave in certain circumstances.
In addition, the law was recently changed so that parents of babies born on or after 6 April 2025 who receive neonatal care for at least seven days during their first 28 days of life, including palliative care, are entitled to take 12 weeks’ neonatal care leave. If the baby dies once the parents have become entitled to neonatal care leave, the parents are able to continue to take their leave.
The definition of parents includes adopting parents and intending parents in the case of surrogacy. For parents who meet the eligibility criteria, the leave will be paid and the rate of pay, and criteria are the same as for statutory parental bereavement leave.
An employee who has a still birth after 24 weeks of pregnancy or whose baby dies after birth, remains entitled to 52 weeks’ maternity leave and, if eligible, maternity pay. The entitlement to paternity leave also applies.
At the moment, there is no legal right to time off work after the loss of a pregnancy during the first 24 weeks, other than through sickness absence.
Use of annual leave
Bereaved employees often request to take annual leave if they do not have a legal entitlement to take time off or they have already exhausted that entitlement.
However, the purpose of taking annual leave is to provide employees with sufficient rest and recuperation from work. As a matter of good practice, therefore, employers may wish to discuss alternatives with the employee, so that they can save their annual leave entitlement. This could be by taking paid or unpaid compassionate leave.
Changes on the horizon
A new right to bereavement leave was included in the Employment Rights Bill 2024, proposing to give all employees the right to one week’s unpaid leave following the death of a loved one. The Government is expected to consult on the detail this year, with the intention being that this new right will be introduced in 2026, at the earliest.
Some employers already have a policy which covers miscarriage and pregnancy loss and that extends the right to time off to employees who experience pregnancy loss before 24 weeks. In January 2025, a select committee of the House of Commons published a report recommending that this should become law by adding it to the Employment Rights Bill.
The Government responded by accepting the principle of bereavement leave for pregnancy loss. It said it will discuss this further as the Bill passes through Parliament. At the time of writing this has not been added to the Bill.
Should we offer bereavement leave?
On compassionate grounds, employers may wish to offer bereavement leave to employees who are not currently legally entitled to it or to offer more generous financial support than the legal minimum.
To do so, employers are more likely to receive greater employee loyalty, improved morale and better staff retention rates. A further consideration is that a bereaved employee may struggle to work effectively, and it may be better for both the individual and the business if they are given time off work.
Ultimately, everyone experiences grief differently. It's important for employers to be alert to:
- the person's wellbeing, including once they've returned to work; and
- the fact there is no right or wrong way for somebody to grieve, and it can affect people at different times following a death.
Employers can offer support to bereaved employees in numerous ways, including offering flexibility in work arrangements, providing time off and adopting an open and understanding approach.
Communication and empathy are essential starting points. Some employers may be able to refer employees to an independent and confidential counselling service, or they may have Mental Health First Aiders available in the workplace to assist employees returning to work.
How we can help
We can prepare a policy that sets out your organisation’s approach to bereavement leave. This allows everyone to know where they stand and ensures that line managers act with greater consistency across the business.
Although you may wish to offer bereavement leave beyond the legal entitlement, allowing employees time off, particularly on short notice, can be disruptive to a business. We can advise you on responding to specific requests, as these could result in claims for religious or pregnancy-related discrimination if they are not handled correctly. We can also advise you on the detail of statutory rights to ensure you stay on the right side of the law, such as the employee’s rights during certain types of leave and on returning to work.
Would you like to speak with an Employment Solicitor regarding your circumstance? At Parfitt Cresswell Solicitors, we offer a Complimentary Initial Consultation. Contact us today on 0800 999 4437 or click here to arrange your consultation today.
Speak with a professional today and find out what the best course of action is for your specific legal need. Parfitt Cresswell Solicitors has offices across the South East in London, Berkshire, Surrey, Sussex and Kent.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
