New Bereavement and Pregnancy Loss Leave: What it means for Families

Andy Burnham has announced today (22 September) that from April 2027, important changes to employment law will give more people a legal right to time away from work following bereavement or pregnancy loss.

For family law solicitors, this change matters as much as it does for employment lawyers. Bereavement and pregnancy loss often arise alongside separation, blended families and surrogacy arrangements. Recognising step, half, adoptive, kinship-care and foster relationships reflects the reality of modern family life that family law has long recognised.

At present, there is no general statutory right to paid bereavement leave when an adult family member dies. Employees may have rights under their employer’s bereavement or compassionate leave policy, but this can vary considerably between employers. There is a specific legal entitlement to parental bereavement leave where a child dies, but the law does not currently cover many other close family relationships.

The new law will introduce a statutory right to bereavement leave for employees who lose a spouse or partner, parent, adult child or sibling. Importantly, the definition will also cover step, half, adoptive, kinship-care and foster relationships. This means that the law will recognise a wider range of family relationships than it does currently.

There is also a significant change for pregnancy loss. From April 2027, women and their partners will be entitled to up to two weeks’ unpaid leave following pregnancy loss before 24 weeks. This will include miscarriage, termination of pregnancy and unsuccessful IVF embryo transfers. I know that this has been long campaigned for and is a very emotive area. I am really pleased to see that the law is finally bringing pregnancy loss to the forefront of employers’ minds. The right will also extend to the other biological parent and intended parents in a surrogacy arrangement.

Whilst the legislation is intended to provide a minimum level of protection, employers can offer more generous arrangements, including paid bereavement leave, if they choose to do so. The change is particularly significant because it recognises that grief does not only follow the death of a child or a person who is legally classed as a dependant. Losing a parent, partner, sibling or adult child can have a profound impact, and the law will provide employees with a clearer right to take time away from work at what may be an extremely difficult time.

The detailed regulations will set out matters such as when the leave can be taken and the notice or evidence that may be required.

If you are separating, arranging surrogacy, or coping with loss within a blended or kinship family, these changes may affect you directly. Our family law team can advise on how bereavement, pregnancy loss and evolving family structures interact with children arrangements, financial matters and wider family life.