Losing someone close is hard enough without worrying whether you can take time off work. Yet until now, most UK workers have had no clear legal right to bereavement leave unless the person who died was their child. That is about to change.
On 22 September 2026 the government confirmed that, from April 2027, employees in Great Britain will have a day-one right to up to two weeks’ bereavement leave when a close family member dies, and the same right after a pregnancy loss before 24 weeks. For care homes, home care providers, restaurants and hotels, where rotas are tight and staff work across shifts, this is a change worth planning for now.
This guide explains what bereavement leave staff are entitled to today, exactly what changes in April 2027, and a practical checklist for care and hospitality employers.
This article is general information, not legal advice. Check the latest GOV.UK and ACAS guidance, or take advice, for your own situation.
Is bereavement leave a legal right in the UK right now?
In most cases, not as a dedicated right. Today the law gives employees three routes:
- Time off for dependants. Employees have a legal right to a “reasonable” amount of time off to deal with an emergency involving a dependant, including when a dependant dies, to arrange or attend the funeral. The law does not set a number of days, and the time off is unpaid unless the employer chooses to pay.
- Parental bereavement leave (“Jack’s Law”). Employees whose child dies under the age of 18, or who have a stillbirth after 24 weeks of pregnancy, can take two weeks’ leave from their first day of employment.
- Employer discretion. Anything beyond that, such as time off after the death of a sibling, grandparent or friend, is “compassionate leave” offered under the employer’s own policy or contract.
ACAS is clear that there is currently no legal right to paid time off for bereavement, other than parental bereavement pay. Many employers pay some leave anyway, and staff may also choose to use paid holiday.
Current entitlements at a glance
| Situation | Leave right today | Paid? |
|---|---|---|
| Death of a dependant (e.g. spouse, partner, parent, child, someone who relied on the employee) | “Reasonable” time off for dependants, from day one | No legal right to pay |
| Death of a child under 18, or stillbirth after 24 weeks | Parental bereavement leave: 2 weeks, from day one | Statutory Parental Bereavement Pay if eligible: £194.32 a week or 90% of average weekly earnings, whichever is lower |
| Death of a sibling, grandparent, friend or other relative | No statutory right; employer discretion | Only if the employer’s policy says so |
| Pregnancy loss before 24 weeks | No dedicated right (sickness absence rules may apply) | Sick pay if the person is unwell |
To get Statutory Parental Bereavement Pay, an employee must have at least 26 weeks’ continuous employment, still be employed on the day of the death, and earn on average at least £129 a week. The leave itself needs no minimum length of service.
What changes in April 2027?
The Employment Rights Act 2025 creates a new statutory right to bereavement leave. The government’s response to its consultation, published on 22 September 2026, set out how it will work. The detail will be made in secondary legislation, with the new rights coming into force in April 2027.
The new right to bereavement leave: key facts
- Who: employees, from their first day in the job.
- When: the death of a “loved one” (see the list below), or a pregnancy loss before 24 weeks.
- How much: up to two weeks, pro-rated to the employee’s usual working pattern.
- When it can be taken: within 56 weeks of the death or loss, or of the date the employee found out about it.
- How: in one block or as separate single days.
- Notice: in the first eight weeks, before the start of the working day or as soon as reasonably possible afterwards; after eight weeks, one week’s notice. Any form of notice is acceptable.
- Evidence: employers cannot require evidence such as a death certificate.
- Pay: unpaid. The government has decided against statutory pay, though employers can choose to pay.
- Protection: the government says employees will be protected from detriment or dismissal for taking the leave.
Who counts as a “loved one”?
The government response lists:
- spouses, civil partners and partners in a committed relationship, whether or not they live together;
- parents;
- adult children;
- siblings;
- the biological, adopted, step and half versions of these relationships, plus equivalent parental relationships in kinship and foster care.
Grandparents, aunts, uncles, cousins and friends are not covered by the statutory right. Employers can choose to include them in their own policy.
What about pregnancy loss?
The new right also covers pregnancy loss before 24 weeks, including miscarriage, ectopic and molar pregnancy, termination, and loss after an IVF embryo transfer. It applies to the pregnant person and to their spouse, civil partner or partner, the other parent, an intended co-parent, and intended parents in a surrogacy arrangement. GOV.UK notes that around one in five women in the UK is estimated to experience a miscarriage in their lifetime.
How pro-rating works in practice
“Two weeks” means two of the employee’s normal working weeks:
| Working pattern | Statutory bereavement leave from April 2027 |
|---|---|
| Full-time, Monday to Friday | 10 working days |
| 3 shifts a week (e.g. a weekend chef) | 6 shifts |
| Monday and Tuesday only | 4 days |
| Variable or irregular hours | Pro-rated to the average working pattern (await regulations for the exact method) |
The Monday–Friday and Monday–Tuesday rows follow the examples in the government response. The calculation method for irregular-hours staff, common in both care and hospitality, has not yet been published.
Why this matters for care and hospitality employers
Care and hospitality have some features that make bereavement leave harder to manage than in an office:
- Minimum staffing levels. A care home cannot run a shift below safe staffing, and a kitchen cannot open without a chef. A day-one, no-advance-notice right means you may find out about an absence at the start of a shift.
- Shift and irregular-hours patterns. Many staff work variable rotas, so pro-rating will need clear records of usual hours.
- Workforces with caring responsibilities. Many care workers support ageing parents and relatives. Bereavement is not rare; it is a routine HR event.
- Emotional strain. Care workers may also be grieving residents they have supported for years. That is not covered by the new right, but it affects wellbeing and retention.
Planning now helps you treat grieving staff well while keeping services safe.
Do agency workers get bereavement leave?
The new right, like parental bereavement leave and time off for dependants, is described as a right for employees. Whether a temporary worker qualifies depends on their employment status and who their employer is. Many agency workers are “workers” rather than employees, so they may not be covered by the statutory right, even though they can still stop accepting shifts while they grieve.
If you use agency staff, check this with the agency supplying them. Employers and candidates should look out for the final regulations and GOV.UK guidance, which the government says will be published alongside implementation.
A 7-step checklist to prepare before April 2027
- Review your current policy. Do you have a bereavement or compassionate leave policy? ACAS publishes a free template you can adapt.
- Decide whether to pay. The statutory right is unpaid. Decide whether you will pay some or all of the two weeks, and whether pay depends on length of service. Write it down so you are consistent.
- Decide whether to go further. Will you cover grandparents, close friends, or the death of a resident a care worker has supported? Will you offer more than two weeks?
- Update absence recording. Add bereavement leave as a separate absence type in your rota or HR system so it is not recorded as sickness or unauthorised absence.
- Train managers. Make sure shift leaders know that from April 2027 they cannot demand evidence or advance notice in the first eight weeks, and that refusing or penalising leave could lead to a claim.
- Plan your cover. Build a contingency for short-notice absences: a bank of trained staff, agreed overtime arrangements, or a temporary staffing partner who already knows your setting.
- Communicate with staff. Tell your team what they can take now, what changes in April 2027, and where to find support (for example, your Employee Assistance Programme if you have one).
Example: how it might work in a care home from April 2027
Amira is a senior care assistant working four 12-hour shifts a week. Her brother dies unexpectedly on a Sunday night. She calls the home at 6am on Monday, before her 8am shift.
- She is entitled to up to two of her normal working weeks, so 8 shifts.
- She takes 4 shifts straight away, and keeps 4 to use later, for example for a funeral abroad and the first anniversary, as long as they fall within 56 weeks.
- Her manager cannot ask for a death certificate.
- Unless the employer’s policy pays it, the leave is unpaid. Amira could choose to use paid annual leave for some days instead.
- The manager covers the four shifts at short notice through the home’s bank and a temporary staffing agency.
This example is illustrative and based on the government’s published approach; the final regulations may change details.
Supporting grieving staff beyond the law
Good practice goes further than the legal minimum. ACAS suggests employers be consistent and clear, confirm leave and pay in writing, and recognise that grief can affect people at different times. Practical steps include:
- a phased return or temporarily lighter duties;
- flexibility for funerals that take place abroad or in line with religious practice (refusing time off for a religious ceremony could amount to discrimination);
- a named contact so the employee is not asked to repeat their news;
- checking in after the first few weeks, not just on day one.
The government response also cites a 2021 Sue Ryder estimate that grief-related presenteeism costs £16 billion a year. Supporting staff well is good for people and for retention.
Frequently asked questions
How many days bereavement leave do you get in the UK?
Right now there is no set number of days except for parental bereavement leave (two weeks) after the death of a child under 18 or a stillbirth. From April 2027, employees will have a right to up to two weeks after the death of a close family member or a pregnancy loss before 24 weeks.
Is bereavement leave paid in the UK?
Only parental bereavement leave can come with statutory pay (£194.32 a week or 90% of average earnings, whichever is lower, for eligible employees). The new April 2027 bereavement leave is unpaid by law, but employers can choose to pay it.
Can my employer ask for a death certificate?
Under the new statutory right from April 2027, no evidence can be required. Today, any evidence requirement depends on your employer’s policy.
Does bereavement leave cover grandparents?
Not under the new statutory right. Grandparents, extended family and friends are excluded, but your employer’s policy may include them.
When does the new bereavement leave start?
April 2027. The exact date and details will be set out in regulations, which have not yet been published.
Does it apply in Northern Ireland?
Northern Ireland has its own employment law and different rules. This guide covers England, Scotland and Wales. Check direct for Northern Ireland.
How AESN can help
Bereavement leave is often unplanned and immediate. AESN supplies vetted temporary and permanent staff across healthcare, care and hospitality, including healthcare assistants, support workers, chefs and front-of-house teams. Our candidates go through compliance checks such as Enhanced DBS and references, so you can cover a shift at short notice without compromising safety or service.
Need reliable cover while a team member takes time to grieve? Contact AESN today to talk about temporary or permanent staffing.
