Our response to the consultation on bereavement leave
We have submitted our response, on behalf of employers, to the government's consultation on the introduction of day one right to unpaid bereavement leave as part of legislation introduced by the Employment Rights Act 2025. This briefing summarises the key themes and feedback shared by employers across the NHS.
Consultation purpose
The Employment Rights Act 2025 introduced a new day-one right to unpaid bereavement leave for employees who experience the loss of a loved one, including pregnancy loss before 24 weeks (expected to be implemented in April 2026).
The consultation sought views on:
- eligibility criteria
- when and how bereavement leave can be taken
- notice and evidence requirements
Access the government's consultation document.
Summary of our response
To help inform our response to this consultation, we sought feedback from employer engagement networks to gather the views of employers in the NHS.
Employers were broadly supportive of enhancing statutory bereavement rights but stressed the need for flexibility, compassion, and alignment with existing NHS frameworks.
Below is a summary of the key themes emerging from employer feedback.
Key points in our response
Employers welcomed strengthened statutory bereavement rights, noting that these proposals reinforce the compassionate and often more generous approaches already adopted across the NHS.
A consistent message was that bereavement is highly individual, and while legislation and policy provide structure, flexibility and sensitivity to personal circumstances must remain central.
- Eligibility for bereavement leave.
Pregnancy loss: employers showed strong support for widening eligibility beyond the person directly experiencing the loss including eligibility for spouse, civil partner or long-term partner, intended co‑parents (including ex‑partners) and intended parents in surrogacy arrangements.
Employers also highlighted additional types of pregnancy loss that should be explicitly recognised, such as very early miscarriage, the loss of one baby in a multiple pregnancy and failed IVF cycles.
Bereavement leave: employers supported a broad and inclusive definition of who may be considered an eligible relationship emphasising that, while a clear policy framework is important, titles alone may not reflect the significance of a relationship.
- When and how bereavement leave can be taken.
Employers supported having statutory minimum leave for bereavement but emphasised the need for flexibility and employer discretion to reflect individual circumstances.
Employers were divided on whether all bereavement scenarios should receive the same amount of leave. Half felt the statutory unpaid leave should be two weeks, while others preferred one week. A large proportion also felt the amount of leave should vary by relationship or circumstance, noting the complications this can create in policy drafting and fairness.
This reflects the complexity and diversity of bereavement experiences for NHS staff.
- Notice and evidence requirements.
Employers were split on evidence requirements, with half preferring that no evidence be needed unless employers felt it necessary, and half favouring a self‑declaration instead. They noted that evidence can be difficult to obtain, particularly for early pregnancy loss, though examples such as discharge paperwork, GP fit notes or medical letters could be used if required.
Most employers felt staff should give notice before starting work on the day of leave or as soon as reasonably possible. Employers recognised that immediate needs, cultural or religious practices, and the nature of bereavement may limit notice, while planned blocks of leave should come with reasonable advance notice in line with current rules for parental bereavement leave.
