Bereavement Leave: New Law Protects All Workers

The Employment Rights Act, which took effect in December 2025, has established a new legal right for employees to take unpaid leave following a bereavement, encompassing pregnancy loss, from the commencement of their employment. Following extensive consultation, the government has finalized the specifics of eligibility.

The legislation now extends to include step, half, adoptive, foster, and kinship care relationships. This inclusive approach aims to modernize UK labor laws. Kinship families, who grieve losses similarly to other families, will now be treated more equitably regarding time off work.

Furthermore, the right applies to women and their partners experiencing pregnancy loss, including miscarriages, terminations, and unsuccessful IVF treatments. It also covers intended parents in surrogacy arrangements and the other biological parent. Employees have the flexibility to take this leave within 56 weeks of the loss, rather than in a single block.

While many businesses already offer compassionate leave, the government emphasizes the necessity of a legal safety net. This ensures that all employees have a baseline of support during challenging personal circumstances, irrespective of their employer's discretionary policies. The aim is to back individuals through life's hardest moments.