Bereavement leave in the UK is a patchwork of statutory and contractual provisions. The only specific statutory entitlement is parental bereavement leave (Jack's Law), introduced in 2020. For all other bereavements, the entitlement depends on the employer's policy and the contractual terms.
Parental Bereavement Leave (Jack's Law)
Since 6 April 2020, employees have a statutory right to bereavement leave following the death of a child under 18 or a stillbirth after 24 weeks of pregnancy.
- Entitlement: 2 weeks' leave (can be taken as 1 or 2 separate weeks)
- Who qualifies: Parents, adoptive parents, intended parents under surrogacy, and partners of parents
- Timing: Must be taken within 56 weeks of the child's death
- Pay: Statutory Parental Bereavement Pay (SPBP) at the flat rate for employees with 26 weeks' service and earning above the LEL. Those with less service still get the leave (unpaid).
- Day-one right: The leave entitlement applies from the first day of employment
Other Bereavements
There is currently no statutory entitlement to bereavement leave for the death of a spouse, parent, sibling, or other family member. However:
- Time off for dependants — employees have a right to a reasonable amount of unpaid time off to deal with an emergency involving a dependant, which includes making arrangements after a death
- Compassionate leave — many employers offer paid or unpaid compassionate leave, typically 3-5 days. This is contractual, not statutory
- Annual leave or sick leave — employees may use accrued holiday or, if significantly affected, sick leave may apply
Proposed Changes
There are ongoing calls to extend statutory bereavement leave to cover other close family members. The Employment Rights Bill may introduce further provisions. Employers should watch for updates.
Best Practice
- Offer a clear compassionate leave policy in your handbook
- Be flexible — grief affects people differently
- Allow additional unpaid leave or working from home where possible
- Consider offering access to counselling or an Employee Assistance Programme
- Train line managers to handle bereavement conversations sensitively
Our contracts and handbooks service includes compassionate leave policies. Contact us.