The Department for Business and Trade has launched a consultation under the Employment Rights Bill to introduce a new statutory entitlement to bereavement leave, including for pregnancy loss before 24 weeks. The consultation is open until 15 January 2026 and seeks views from employers, legal professionals, trade unions, charities, and individuals with lived experience.

Overview of the Proposed Entitlement

Currently only employees who lose a child have a statutory entitlement to time off work for bereavement under the Parental Bereavement Leave and Pay regime.  The proposal in the Employment Rights Bill introduces a day-one right to unpaid bereavement leaveto employees who experience the loss of a loved one, including pregnancy loss before 24 weeks.  The Bill sets out the statutory minimum requirements, including a minimum leave period of one week and a period of at least 56 days for the employee to take the leave. It also states that the entitlement must include protection against unfair treatment and dismissal as a result of taking leave and protection of contractual rights while on leave, Further details of the entitlement will be specified in secondary legislation following on from the consultation.  The aim is to provide a consistent statutory framework that supports grieving employees while offering clarity for employers.

Key Areas for Consultation

The government is seeking input on several aspects of the proposed entitlement:

  • Eligibility Criteria: The consultation explores which relationships should qualify for bereavement leave—ranging from immediate family to close friends. For pregnancy loss, it asks whether leave should be limited to the person who was pregnant or extended to partners, intended parents and those in surrogacy arrangements.
  • Types of Pregnancy Loss in Scope: The consultation considers whether the entitlement should cover miscarriage, ectopic or molar pregnancy, IVF embryo transfer loss and medical terminations.
  • Duration and Timing of Leave: A minimum of one week’s unpaid leave within 56 days of the loss is proposed. Feedback is invited on whether this period should be extended and whether leave should be taken in one block or flexibly.
  • Notice and Evidence Requirements: The government is considering how much notice should be required and whether any evidence should be provided. It acknowledges that requiring proof in cases of pregnancy loss may be distressing or impractical.
  • Business Impact: While many employers already offer compassionate leave, the consultation seeks views on how consistent minimum standards and guidance might help ensure fairness and clarity.

Why This Matters

Currently, statutory bereavement leave is only available to parents who lose a child under 18 or experience a stillbirth after 24 weeks. There is no statutory entitlement for those who experience pregnancy loss before 24 weeks, leaving many employees without formal support during a profoundly difficult time.

The proposed changes aim to close this gap, recognising that grief following pregnancy loss is no less significant and should be met with dignity and compassion in the workplace.

Next Steps

Clients should consider:

  • Reviewing existing bereavement and compassionate leave policies,
  • Preparing to update HR procedures in line with the proposed legislation,
  • Participating in the consultation to help shape the final framework.

The consultation document is available here. Responses must be submitted by 15 January 2026.