Employment Law Digest August 2025 – Bereavement Leave and Parental Bereavement Leave
19th August, 2025
This month's Employment Law Digest
Employment Law Digest
19th August 2025
Employment Law Digest August 2025 – Bereavement Leave and Parental Bereavement Leave
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19th August 2025
Employment Law Digest August 2025 – Case Law Update
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19th August 2025
Employment Law Digest August 2025 – Employment Rights Bill 2025 Roadmap: Current Status and Key Developments
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In recent years, the right to various types of family-related leave has been extended to include parental bereavement leave, carer's leave and, with effect from 6 April 2025, neonatal leave.
In October 2024, the Government introduced the Employment Rights Bill with the aim of modernising employment law and creating new employment rights.
New entitlement to bereavement leave
Amongst the changes that the legislation will introduce, will be a new right to bereavement leave. At present, employees have the right to Parental Bereavement Leave: up to two weeks leave on the death of a child (defined as a child under 18 years of age), including where a stillbirth occurs after 24 or more weeks of pregnancy. There is no legal right to compassionate leave following a death of a loved one other than Parental Bereavement Leave or, if applicable, through Dependent Leave and/or Carer’s Leave. (Legislation which would allow a bereaved father up to 52 weeks’ leave in the first year of their child’s life following the death of the mother/primary adopter received Royal Assent in May 2024 but this in not yet in force and requires further regulations before it will become law.)
Current position: Parental bereavement leave
Although the right to Parental Bereavement Leave is a day one right, the right to Parental Bereavement Leave Pay, currently paid at £187.18 per week, is only available to bereaved parents with 26 weeks’ continuous employment who are employed at the date of the child’s death and earn above the lower earnings limit, which is currently a minimum of £125 per week.
Those who take Parental Bereavement Leave have the right to return to their role after the leave has ended and are protected from dismissal or detriment because they have taken, or their employer believed that they were likely to take, Parental Bereavement Leave.
Whilst on Parental Bereavement Leave, all of the employee’s terms and conditions continue except those which govern remuneration.
Bereavement leave
The Employment Rights Bill seeks to extend Parental Bereavement Leave to create a new general right of ‘Bereavement Leave’.
In June 2025 the draft legislation was debated in the House of Lords. The House of Lords noted that at least 900,000 people per year will benefit from Bereavement Leave when the legislation becomes law.
Who will be eligible for Bereavement Leave?
The right will apply to employees only and from day one of their employment. However, the Employment Rights Bill does not specify what relationship the employee is required to have with the deceased (e.g. parent, aunt, friend etc) in order to qualify for Bereavement Leave. Instead this will be dealt with by separate regulations.
How much leave will they be entitled to?
At present, the legislation states that the bereaved employee will be entitled to a minimum of one week. Where the bereavement concerns more than one death, the employee is entitled to leave in respect of each deceased person.
When should the leave be taken?
The leave can be taken at any time during the 56 weeks following the death.
Will it be paid?
No. Whilst Parental Bereavement Leave is paid, general Bereavement Leave will not be.
Are there additional protections?
As with Parental Bereavement Leave, employees who take Bereavement Leave will have the right not to suffer a detriment or be dismissed because they have taken Bereavement Leave.
When will the new legislation take effect?
Bereavement leave will be consulted about in Autumn 2025 and, according to the government’s roadmap, will be implemented in 2027.
Extension to Parental Bereavement Leave
On 7 July 2025, the government announced that it will also extend Parental Bereavement Leave (but not Parental Bereavement Leave pay) so that it applies to those who experience pregnancy loss at any stage, not just where the loss occurs after 24 weeks of pregnancy. The government has stated that it will last for a maximum of one week and will be unpaid but the details of the amendment will consulted upon as the Employment Rights Bill continues to make its way through the House of Lords. The government estimates that approximately 250,000 pregnancies end through miscarriage each year in addition to the 12,000 ectopic pregnancies which occur each year. The details provided suggest that the extension to Parental Bereavement Leave will be like Bereavement Leave in terms of the length of the leave and that it will not be paid.
As this is a recent announcement, no timescales for consultation or implementation have been provided.
If you have any queries please contact your usual legal advisor, or for further information contact our Employment Team.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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