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The government have released a consultation on how the new right to bereavement leave (including pregnancy loss before 24 weeks) will work in practice.
As we wrote in our article earlier this year, the Employment Rights Bill introduces a new statutory day-one right to at least one week of unpaid bereavement leave. The Bill has since been extended to cover pregnancy loss - a significant win for campaigners who had long-called for a right to miscarriage leave.
The new entitlement is separate to the existing parental bereavement leave regime which provides up to two weeks' leave (and statutory pay subject to qualifying criteria) following the death of a child or a stillbirth after 24 weeks.
What's included?
The consultation is structured in three parts:
- Eligibility (including the eligible relationships to the deceased and the types of pregnancy loss covered)
- When and how leave can be taken
- What (if any) notice and evidence will be required
Eligibility
The consultation seeks views on the types of relationships to the deceased that will qualify. Whilst it had been expected that the definition of eligible relationships will mirror the definition for the right to time off for dependants and carer's leave (spouse, civil partner, parent, child or someone in the same household that isn't a tenant/ lodger/employee) the consultation recognises that the make up of families in modern Britain are diverse and evolving.
This could be an opportunity for legislation to reflect this, with the government expressly stating that blended families and chosen families deserve consideration and recognition as well. Respondents are asked whether these sorts of relationships should be covered, with one option suggesting titles are irrelevant and eligibility should be based on the importance the deceased played in the employee's life. This suggests there is scope for the definition to be wider than what employers are used to under current family-related leave regimes.
In respect of pregnancy loss, the consultation confirms the government's intention to adopt a comprehensive definition of "pregnancy loss" covering the loss of a pregnancy before 24 weeks in any way, including abortions and unsuccessful IVF implantation.
One unexpected aspect of the consultation is a question about whether bereavement leave for pregnancy loss might be limited to the mother alone. This is surprising given the Bill provides for an employee to meet the definition of a "bereaved person" if they meet specific conditions in respect of a relationship with the mother who has suffered a pregnancy loss. The proposed new entitlement has been presented as inclusive of partners with the government's own press release referring to "families who experience pregnancy loss" as being eligible for the new right.
Duration, timing and flexibility
The Bill sets a minimum floor of one week of unpaid bereavement leave to be taken within 56 days, although these can be increased through secondary legislation. The consultation asks whether this should be extended to two weeks' leave (or longer) and whether the same length of leave should apply in different scenarios (like pregnancy loss) and for all relationships to the deceased.
In terms of timing, the government seems open to setting the
maximum window to 56 weeks (the same approach as for parental
bereavement leave) which would allow employees to take leave around
difficult periods such as birthdays or anniversaries.
The consultation recognises the importance of flexibility in how
the leave can be taken, asking respondents to select from options
such as a single block, discontinuous blocks of either a week (as
for parental bereavement leave) or days. Flexibility is noted as a
particular focus of pregnancy loss. The government recognises that
employees who have suffered a miscarriage may take their sick leave
entitlement in the immediate aftermath whilst they physically
recover and then wish to take bereavement leave at a later
date.
As the consultation notes, particular challenges arise for pregnancy loss, as miscarriages can occur before the employee even knows of the pregnancy. In recognition of this, feedback is sought on whether the entitlement to leave should start from the date of death or miscarriage or from the date the employee becomes aware of it.
Notice
The consultation seeks views on the length of required notice (if any) and proposes a two‑tier model similar to that required for taking parental bereavement leave, i.e. a shorter notice requirement if leave is taken in the immediate aftermath of death or pregnancy loss and more advance notice if taken at a later date. It also asks what form notice should take e.g. in writing.
The government acknowledges that employees who have experienced a miscarriage may struggle to give immediate notice whilst they seek medical care. This again recognises that taking sick leave first to support initial recovery after a miscarriage is likely to be the most practical option for employees who have suffered pregnancy loss.
Evidence
The consultation acknowledges the sensitivity of requiring proof, particularly for early pregnancy loss where documentation may be unavailable or delayed. There is also no written evidence or documentation required for employees to take parental bereavement leave. As such, respondents are asked whether evidence or self-declarations should be required (and if so, what type and in what timeframe) and whether employers should have a right to request evidence.
What next?
The consultation closes on 15 January 2026 and the new right is due to come into force in 2027. While the government hasn't expressed a preference for any of the options outlined in the consultation, it will be interesting to see if it chooses to adopt a broader definition of eligible relationships with the deceased - one that better reflects the diversity of modern families.
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