Bereavement leave and pay: employer guide 2026/27

Bereavement is one of the most difficult situations an employer will manage. A clear understanding of legal obligations, combined with a supportive approach, shapes how employees experience this period.

This guide sets out bereavement leave and pay rules for 2026/27, including new rights introduced from 6 April 2026.

Is there a general right to bereavement leave?

UK law does not provide a general right to paid bereavement leave.

The only statutory exception is parental bereavement leave, where eligible employees can also qualify for statutory pay. For all other bereavement, entitlement depends on the employment contract or the employer’s internal policy.

Many employers offer paid compassionate leave as part of good practice. This often ranges from 2 to 5 days, although no legal minimum applies. A clear policy supports consistent handling and gives managers a framework for difficult conversations.

Time off for dependants

Employees have a day one right to reasonable unpaid time off for emergencies involving a dependant, including a death.

The law does not define what counts as reasonable. That lack of detail makes a written policy important.

A dependant can include a spouse, civil partner, child, parent, someone living in the same household, or a person who relies on the employee for care or support.

Statutory parental bereavement leave and pay

Parental bereavement leave is the only form of bereavement leave with a specific statutory framework.

Parents who lose a child under 18, or experience a stillbirth after 24 weeks of pregnancy, are entitled to 2 weeks of leave. This right applies from the first day of employment.

The definition of parent is wider than biological parent. It also covers adopters, foster parents, guardians and others acting as the child’s main carer.

Statutory parental bereavement pay rate for 2026/27

To qualify for statutory pay, the employee must:

• Have at least 26 weeks’ continuous service before the bereavement
• Earn at least £129 per week

Employees who do not meet these conditions can still take 2 weeks of unpaid parental bereavement leave.

How and when can leave be taken

An employee can take 2 weeks’ leave from the first day of their employment for each child who has died or was stillborn.

They can choose to take:

• 2 weeks together
• 2 separate weeks of leave
• only one week of leave

The leave must be taken within 56 days of the child’s death. Employees also receive protection from dismissal or detriment linked to taking this leave.

Bereaved partner’s paternity leave from April 2026

From 6 April 2026, bereaved fathers and partners can take up to 52 weeks of paternity leave if the mother or primary adopter dies within the child’s first year.

This also applies to intended parents through surrogacy arrangements. The leave must be taken within 52 weeks of the death.

No statutory pay applies to this entitlement at present, although employers can choose to enhance it. Most employers will deal with this situation rarely, but when it happens the response needs care, clarity and a named point of contact.

Miscarriage entitlement in Northern Ireland

From 6 April 2026, employees in Northern Ireland who experience a miscarriage, or who have a defined connection to a woman who has experienced a miscarriage, are entitled to parental bereavement leave and pay.

This entitlement applies from the first day of employment. The change does not apply in England, Wales or Scotland.

Coming in 2027: broader bereavement reform

The government has signalled further reform for 2027, including bereavement leave covering pregnancy loss and stronger dismissal protections for bereaved employees.

These changes are not yet in force. Employers should keep policies under review so they are ready for a broader statutory framework.

Miscarriage before 24 weeks

In England, Wales and Scotland, miscarriage before 24 weeks does not currently give rise to statutory maternity, paternity or parental bereavement leave.

Many employers now include miscarriage leave in their own internal policies ahead of any legal change. Clear wording in a bereavement or absence policy supports a more consistent approach.

Employer best practice

Beyond the legal minimum, how an employer responds to bereavement says a great deal about workplace culture. Good practice includes:

• Having a clear written bereavement policy that covers different types of loss, not only the death of close relatives
• Ensuring line managers understand what to say and what support is available
• Offering flexibility on return to work dates rather than using rigid timescales
• Recognising that grief does not follow a fixed timeline and that support may still be needed weeks or months later
• Signposting mental health support, such as an Employee Assistance Programme, where available
• Recognising that the person who died may not have had a formal legal or biological connection to the employee, but may still have held deep personal importance
  
  

What employers should do now

• Ensurepayroll reflects the new statutory parental bereavement pay rate of £194.32 from 6 April 2026
• Update bereavement policies to include bereaved partner’s paternity leave
• Review whether your policy covers miscarriage loss, even where no statutory requirement currently applies in England, Wales or Scotland
• Brief line managers on the new entitlements and on handling conversations with care
• Monitor the planned 2027 reforms and prepare for wider statutory bereavement rights

Need support with payroll and HR policies?

Bereavement leave affects payroll, policy and employee support. Clear rules and careful handling protect your business and your people.

dhpayroll supports employers with payroll, compliance, giving you a clear route through sensitive issues.