New rights proposed in the Employment Rights Bill regarding Bereavement Leave

The Employment Rights Bill published last week proposes changes to bolster rights for employees in relation to bereavement leave.

What is the current entitlement to parental bereavement leave? 

Parents who are employees are entitled to up to two weeks off work following the death of a child under 18 or a stillbirth after 24 weeks of pregnancy (parental bereavement leave). This leave can be used anytime in the first 56 weeks after death or stillbirth of a child.

The leave can be taken as:-

• One whole week
• Two consecutive weeks 
• Two separate weeks at different times.

This is a day one right so there is no minimum length of service requirement.

Who are the child’s parents?

A bereaved parent covers various types of parental or quasi-parental relationships including an adoptive parent and an intended parent under a surrogacy arrangement.

Multiple deaths

Where more than one child has died or is stillborn, the bereaved parent is entitled to a separate period of leave in relation to each child. 

What changes are proposed? 

Bereavement leave is to be for all employees, regulations yet to be published will clarify the  conditions as to the relationship with the deceased. This leave will be for at least a week.

These changes are not expected to come into force until Autumn 2026. The Employment Rights Bill was published on 10th October 2024 and is due to have its second reading in Parliament on 21 October 2024.

The contents of this article are a general guide only at the date of publication. It is not comprehensive, and it does not constitute legal advice. Specific legal advice should be sought in relation to the particular facts of a given situation.