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The Government has published a consultation on bereavement leave entitled " Make Work Pay: Consultation on Leave for Bereavement, including Pregnancy Loss".
The Employment Rights Bill will amend Section 80EA of the Employment Rights Act 1996 to widen the scope of bereavement leave so that it also includes pregnancy loss before 24 weeks. New Regulations will provide the details in due course.
The consultation is divided into three parts:
Eligibility
- What types of relationships should give rise to bereavement leave? Should it cover immediate family only, extended family or wider relationships such as kinship carers or close friends?
- What type of pregnancy loss should be covered? Miscarriage, ectopic or molar pregnancies. Terminations, IVF transfer loss. What about eligibility for an employee who is connected to the person losing the pregnancy?
When and how leave can be taken
- How much bereavement leave should be available, and should it be the same for all scenarios? Must the leave be taken in one block, or should it be split into weeks or days?
Notice and evidence requirements
- Should any notice be given? Must it be given formally in writing, or would a phone call or SMS suffice? Should evidence of entitlement to bereavement leave be required either in the form of a written declaration or other evidence?
There is currently no indication as to any preferences the Government has about any of the questions asked. The consultation will close on 15 January 2026.
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