A new bereavement right, including for pregnancy loss before 24 weeks
The Employment Rights Act 2025 creates a wider right to bereavement leave, and for the first time a day-one right to protected time off after pregnancy loss before 24 weeks. The exact detail is still being set, but the direction is clear. Here is what to expect and how to prepare with care.
Where the law stands today
At the moment, statutory bereavement leave is narrow. Parental Bereavement Leave gives employed parents two weeks off after the death of a child under 18, or a stillbirth from 24 weeks of pregnancy. Outside of that, there is no general statutory right to time off to grieve, and an earlier pregnancy loss carries no specific entitlement at all.
In practice, many good employers already offer compassionate leave. But it has been discretionary, which means it varies from business to business and can feel uncertain at the worst possible moment for the person affected.
What is changing
The Act introduces a broader right to bereavement leave, and extends protection to pregnancy loss before 24 weeks for the first time. The government has described the pregnancy-loss element as a day-one right to protected time off, so an employee would not need a qualifying period to be covered.
The published position is that this bereavement leave is unpaid. The finer detail, including exactly how long the leave runs and precisely who is covered, is being set through regulations and consultation, so some of the specifics are still to be confirmed.
What is confirmed, and what is not
Confirmed: a new, wider right to bereavement leave is coming, it will include pregnancy loss before 24 weeks, and the pregnancy-loss right is intended to apply from day one. Still to be set: the exact number of days, the full eligibility rules, and the commencement date.
On timing, the sensible read is to expect this in 2027, if the government's timetable holds, rather than to treat any date as fixed. We would rather tell you plainly what is settled and what is not than present a draft as though it were already law.
Why it matters for your business
This is a change that is as much about handling as about entitlement. Pregnancy loss and bereavement are among the hardest moments an employee will bring to work, and how a manager responds is remembered for a long time. A clear, humane policy protects your people and protects you, because it means the response does not depend on which manager happens to be on duty.
For an SME, getting ahead of this is not about waiting for the regulations. It is about deciding now how you want your business to treat someone going through a loss, and making that consistent.
How a manager responds in these moments is remembered for a long time. A clear policy means it does not depend on who is on duty.
What a sensible employer does now
Write a simple, compassionate bereavement and pregnancy-loss policy, even before the statutory detail lands, and make sure it is at least as generous as the law will require. Brief managers on how to respond with care and discretion, and on what not to do, such as pressing for detail or rushing a return.
When the regulations are finalised, you can align the specifics. Starting from a place of decency rather than the legal minimum is the right instinct here, and it costs very little.
Where Jamie HR fits
Jamie HR keeps your policies, including a bereavement and pregnancy-loss policy, in one place where managers and staff can find them, so the right response is easy to reach for in a difficult moment. It also keeps a quiet, respectful record of leave, so nobody has to re-explain their situation to be looked after properly.
The detail will firm up as the regulations are published. A humane policy, ready in advance, is the part that matters most, and it is worth having in place whatever the final wording says.