Compassionate Leave
Introduce Compassionate Leave for all Workers
Compassionate Leave is currently only available to parents following the death of a child under the age of 18 or after experiencing a stillbirth after 24 weeks of pregnancy. The intention is to make Compassionate Leave a day one right for all workers who experience the death of a family member.
This page was first published on 21 August 2024, the latest update was on 13 January 2026.
The Current Entitlement
Since April 2024 when a baby is stillborn after 24 weeks of pregnancy or a child under 18 dies the parents have been entitled to take parental bereavement leave and pay. Subject to meeting certain eligibility criteria, employees are entitled to two weeks of statutory paid parental bereavement leave which can be taken within 56 weeks of the child’s death in one-week blocks, either consecutively or separately. The rate of payment is the same as for other types of Statutory Family Friendly Leave.
Proposed Changes
From 2027 all employees will have an additional right to statutory bereavement leave of at least one week when they suffer a bereavement. The Employment Rights Act refers to a qualifying relationship between the employee and the person who has died; the relationship is not defined as yet but is likely to mirror the relationship requirements used in the Time of For Dependents and Carers Leave Acts.
The amount of leave will be one week (it will remain two weeks where a child under the age of 18 has died including pregnancy loss after 24 weeks of pregnancy). The leave must be taken within 56 days after the person’s death.
The period of leave will be unpaid.
Employees will be protected against unfair dismissal and unfair treatment due to taking or requesting leave.
Miscarriages
The government has announced plans to make further amendments to Compassionate Leave measures so that Mothers and their partners would be entitled to time off work to grieve if they experience a miscarriage before 24 weeks of pregnancy. This amendment would mean those who experience miscarriage, ectopic pregnancy, molar pregnancy, medical termination, unsuccessful IVF embryo transfer or other forms of early loss would be guaranteed time off.
MPs sitting on the Women and Equalities Committee (WEC), led by Sarah Owen MP, have lobbied for bereavement leave to be added to the Employment Rights Bill. The WEC concluded that sick leave is an “inappropriate and inadequate” form of employer support in the aftermath of a miscarriage or pregnancy loss as it does not afford women adequate confidentiality or dignity and puts them at high risk of employment discrimination. The low rate of Statutory Sick Pay, it added, means that many women and their partners simply cannot afford to take the time off they need, putting their wellbeing and future work prospects at risk.
Implementation Of The New Statutory Right To Compassionate Leave
The Employment Rights Bill Delivery Roadmap states the new statutory right to compassionate leave will be introduced in 2027.
Consultation
A period of consultation relating to the introduction of a new statutory entitlement to unpaid bereavement leave, including for pregnancy loss before 24 weeks has opened for comments. The consultation invites feedback on eligibility criteria, types of pregnancy loss covered, timing and duration of leave, and evidence requirements. The government is particularly interested in hearing from individuals with lived experience, charities, and employers to ensure the policy is compassionate and workable.
The consultation paper covers issues such as who should be eligible for leave, when and how leave should be taken, and the notice and evidence requirements that should apply.
Key questions include:
- What types of relationship should qualify for bereavement leave and whether this should be limited to categories such as immediate family, extended family or chosen family;
- Whether all types of pregnancy loss should be eligible for leave, and whether leave should apply only to the mother, or to others such as the mother’s spouse or partner;
- How long unpaid bereavement leave should last and whether this should vary according to the closeness of the relationship with the deceased or in pregnancy loss situations;
- Whether leave should be taken continuously or discontinuously and within what period; and
- Whether any notice and/or evidential requirements should apply.
You can respond online until 15 January 2026 and the Government’s response can be expected in 2026.
Top Tips
This could have significant impact on employers who limit compassionate leave to unpaid leave. Many of my clients offer one or two days to deal with the initial shock and the funeral and up to five days if the employee is arranging the funeral. But for most of those the official message is leave is unpaid and then they apply discretion depending on the length of service of the employee and the relationship with the deceased. A jump to one week of paid leave per situation is a big jump, especially for something which could be easily open to abuse.
How Kea HR Can Help You
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- Join the Kea HR mailing list and we will keep you up to date with the Employment Rights Bills progress through parliament and provide advice on how to prepare for and implement the measures.
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- If you have questions or need advice but don’t want to commit to an annual contract, why not use our Pay As You Go HR Advice Service. Or if you don’t have time to keep all your plates spinning why not pas a HR project over to us to manage on your behalf.
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