Tuesday, September 22, 2026

New law expands bereavement leave to include miscarriage and pregnancy terminations

September 22, 2026
2 mins read
New law expands bereavement leave to include miscarriage and pregnancy terminations

New bereavement leave regulations to take effect in April 2026

Employees grieving a loss during early pregnancy or the death of a relative will be entitled to statutory time off under new regulations announced by the government. Beginning in April next year, the statutory bereavement right will encompass staff who lose a spouse, partner, parent, adult child, or sibling, reports BritPanorama.

Step and half-relatives will also be included, along with foster, kinship care, and adoptive relationships, which currently lack statutory protection for workplace leave.

Women and their partners who suffer a pregnancy loss before 24 weeks, including a miscarriage, an abortion, or an unsuccessful IVF embryo transfer, will have the right to up to two weeks of unpaid leave. This builds upon existing rights for parents who experience a stillbirth after 24 weeks or the death of a child under 18.

The Employment Rights Act 2025 formally establishes this new entitlement to unpaid leave for employees affected by the loss of a relative. The announcement follows a consultation designed to ensure the new policy meets the needs of both employees and employers.

This change comes after campaigns led by grieving parents seeking formal recognition of their loss to eliminate “inconsistency and confusion,” according to the Department for Business, Innovation, Science and Trade.

Despite estimates that one in five women in the UK experience a miscarriage, there has been no legal right to bereavement leave in these situations until now.

Work minister Kate Dearden remarked, “No one should have to fight for time to grieve. These changes back people going through some of the hardest moments of life, whoever they are and wherever they work.”

Dearden also expressed gratitude to the campaigners whose courage and testimonies contributed to this shift.

The department noted that while most affected workers have understanding employers, a “safety net beyond this discretion” is necessary.

Under the new provisions, the right to bereavement leave will also apply to partners, the other biological parent, or intended parents in a surrogacy arrangement, acknowledging that pregnancy loss impacts the entire family unit.

Vicki Robinson, chief executive of Miscarriage UK, stated, “This is an important step in recognising pregnancy loss as a bereavement and the profound impact it can have, and we hope will provide a baseline for employers to go further. We still strongly believe bereavement leave should be paid, and we will continue to press for this through our leave for every loss campaign.”

TUC general secretary Paul Nowak commented, “No one experiencing the devastating loss of a loved one or a pregnancy should have to worry that they cannot take the time off to grieve. Most employers already provide workers with time off after bereavement. But these new protections will make sure all working families have the time and space they need during some of life’s toughest moments. They show that stronger workers’ rights are not just good for employees and employers; they are the foundation of a fairer and more decent society.”

The government is also reviewing parental leave and pay, including proposals for “Hugh’s Law,” which would mandate statutory paid leave for parents of seriously ill children and the rights of parents with terminally ill children.

The recent consultation revealed that over 80% of employers and 90% of business organisations support bereavement leave following the death of an immediate family member.

This comprehensive legal recognition marks a significant shift in workplace policies, bringing hope to many families navigating grief.

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