Pregnancy Loss Bereavement Leave: What Employers Need to Know About the New Rights

It is estimated that one in five women in the UK will experience a miscarriage during their lifetime. Yet currently, if a pregnancy is lost before 24 weeks, there is no statutory right to bereavement leave. 

“No one should have to fight for time to grieve.” The Government has said that it is committed to supporting employees through the most difficult times of their lives. 

At present, employees may be entitled to Parental Bereavement Leave where their child dies before the age of 18 or where they experience a stillbirth after 24 weeks of pregnancy. The new legislation will extend statutory protection much further. 

While the legal changes themselves are significant, the wider message behind them is arguably even more important. Grief is not something that can simply be left at home when an employee comes to work. 

On 22 September 2026, the Government announced important employment law changes intended to give people time and space to grieve following bereavement and pregnancy loss. The new rights are due to come into effect in April 2027 and represent a significant step forward in recognising the impact that loss can have on individuals and families. The Government has confirmed the broad framework, with detailed regulations expected before implementation. 

From April 2027, employees who experience pregnancy loss before 24 weeks, including miscarriage, termination of pregnancy and unsuccessful IVF embryo transfer, will be entitled to up to two weeks of unpaid bereavement leave. Importantly, the entitlement will not be limited to the person who physically experiences the loss. It will also be available to the other biological parent, partners and intended parents in a surrogacy arrangement. 

The new rights will also provide protection following the loss of certain family members, including a spouse or partner, parent, adult child or sibling. The legislation recognises the diverse nature of modern families by including biological, adoptive, step and half relationships, as well as equivalent relationships arising through foster care and kinship arrangements. 

A key feature of the reforms is that bereavement leave will be a day-one employment right. Employees will not need any minimum period of service before becoming entitled to take leave. Those affected by bereavement or pregnancy loss will therefore have a statutory right to take up to two weeks off work from the start of their employment. 

The flexibility built into the new right is particularly welcome. Grief does not follow a timetable, and there is no “right” way to process loss. Employees will be able to take their leave within 56 weeks of the bereavement or pregnancy loss. The leave will not need to be taken as a single two-week block and may instead be taken as individual days when support is needed most. 

Employees will not generally be required to provide evidence of the bereavement or pregnancy loss in order to take leave. Further detail on notice requirements and the operation of the entitlement is expected in the regulations and accompanying guidance. 

From an Employment Law perspective, many employers already have compassionate leave policies in place, and some go beyond what the legislation will require. However, these changes establish an important minimum standard, ensuring that employees have access to support regardless of where they work. 

As April 2027 approaches, employers should review their policies and consider whether they provide adequate support to employees experiencing bereavement or pregnancy loss. Compliance is important, but so too is fostering a workplace culture in which individuals feel able to ask for help and take the time they need during life’s most challenging moments. 

If you would like advice on how these upcoming changes may affect your business, or if you require support with reviewing your workplace policies, our Employment Team would be happy to help.