Government consultation: Leave for bereavement including pregnancy loss

Publication details

• Publication date: 23 October 2025
• Closing date for responses: 15 January 2026 (11:59pm)
• Link to consultation: Make Work Pay: leave for bereavement including pregnancy loss
• Relevant Bill provisions: Clause 18 (Bereavement leave)

Purpose of the consultation

The consultation will guide and shape secondary legislation regarding the introduction of the right to bereavement leave, including for pregnancy loss before 24 weeks.

Summary of content and scope

This consultation is divided into three parts:

1. Eligibility: who should be eligible for bereavement leave, including which relationships and types of pregnancy loss should qualify, and whether the entitlement should extend to others affected by the loss.
2. When and how leave can be taken: the duration, timing, and flexibility of bereavement leave.
3. Notice and evidence requirements: how much notice should be required, the form of notice, and whether evidence of entitlement should be required.

The consultation does not include draft regulations or guidance, and does not address enforcement, penalties or transitional arrangements.

The consultation explains that the new entitlement will provide protection against unfair treatment or dismissal for taking bereavement leave and will be a day-one right. It does not describe these protections as “automatic unfair dismissal.”

Key proposals or areas for comment

• Eligibility: The consultation seeks views on which relationships should qualify for bereavement leave, from immediate family members to extended or chosen family – and on which types of pregnancy loss should be covered. The consultation also invites views on which types of pregnancy loss should qualify and whether leave should be extended to individuals affected by the pregnancy loss, such as partners, surrogate parents, or others involved in the pregnancy.
• When and how bereavement leave can be taken: The Employment Rights Bill provides for a minimum of one week of unpaid bereavement leave, with a window of at least 56 days in which it can be taken. The consultation asks whether this period should be longer, and whether leave should be taken in one continuous block or more flexibly. It also highlights that employers may choose to offer more generous arrangements than the statutory minimum.
• Notice and evidence requirements: This section asks when and how notice should be given to take bereavement leave, including whether different rules should apply for leave taken immediately or later. It also seeks views on whether employees should have to provide evidence of a bereavement, what form this should take, and how to ensure any process is proportionate and sensitive, particularly in cases of early pregnancy loss.

Practical and policy considerations

Key points for employers to note include:

• The wide range of relationships being considered for eligibility including "chosen family" or kinship carers, could create challenges for employers in understanding who qualifies without clear guidance.
• The consultation notes that pregnancy loss can take many forms, including miscarriage, ectopic or molar pregnancy, medical terminations and IVF embryo transfer loss. Employers will need to be aware that any new entitlement will require sensitive handling. The consultation confirms that bereavement leave will be unpaid but encourages employers to go beyond the statutory minimum where possible.
• Depending on the level of flexibility adopted, employers may need to plan for staff absences taken at different times within the permitted window.

Unresolved or omitted issues

The consultation confirms that bereavement leave will be unpaid. It does not address how this new entitlement will interact with other forms of leave, such as sickness or compassionate leave, or how employers should manage overlapping entitlements.

The consultation does not specify whether there will be limits on the number of occasions leave can be taken, or how repeat bereavements should be managed.

The consultation does not indicate whether employers will have discretion to refuse requests for bereavement leave, or what form of verification, if any, may apply.

The consultation refers to the existing Parental Bereavement Leave entitlement but does not set out how this will interact with the new right to bereavement leave.

The consultation notes that further regulations will be needed to define the scope of the entitlement, including eligible relationships and the types of pregnancy loss in scope.

Analysis and observations

The consultation outlines the government’s intention to introduce a statutory framework for unpaid bereavement leave, including pregnancy loss before 24 weeks. It confirms that key details, such as eligibility criteria, duration, flexibility, and notice and evidence requirements, will be determined through secondary legislation following this consultation. The document does not address enforcement or transitional arrangements, and further regulations will therefore be required before the new entitlement takes effect.