Bereavement needs to be handled sensitively, given the intensity of emotion that is often connected to the loss of a loved one.
Recent legislation has changed the required considerations for bereavement leave, so HR teams need to be aware of the changes and prepared to support teams accordingly.
What has changed with bereavement leave?
While the Employment Rights Act 2025 is set to make some notable changes to bereavement leave, the Paternity Leave (Bereavement) Act 2024 is now in effect and needs to be considered.
While maternity leave is more generous than paternity leave, the Act addresses the situation where the birthing parent or primary adopter dies in childbirth, or within a year of the birth or adoption.
Rather than having to be employed for 26 weeks to be eligible for statutory paternity leave, non-birthing parents, secondary adopters and partners/spouses of birthing parents receive it as a day one right.
Alongside this, parental bereavement leave is now a day one right subject to notice requirements and provides up to two weeks leave during the 56 weeks after the death.
These changes are a precursor to the removal of restrictions for non-birthing parents that will take effect from 6 April 2026.
How can HR teams support employees?
Remember, the leave provided by law is statutory and it is possible for employers to award more time off where they feel it is necessary and appropriate to do so.
If additional time off is not in the best interests of all parties, it may be better to offer flexible working conditions to allow non-birthing parents time to grieve and adjust to their changed parental responsibilities.
Reasonable adjustments should be made, but it is permissible to enforce policy and procedure on employees, as abuse of bereavement leave can be grounds for dismissal.
Only the statutory bereavement leave carries with it a need to provide pay during an absence and any additional leave could be awarded on an unpaid basis.
Striking the balance between what is appropriate and what is reasonable can be a challenge and the scope of bereavement leave will expand when the Employment Rights Act takes full effect.
In the meantime, HR teams should ensure there is a clear bereavement policy in place and that all employees are aware of their rights and responsibilities.
