16-01-2026
The recent publications of the Statutory Instruments laid before Parliament on 12 January 2026 in order to allow Bereaved Partner’s Paternity Leave provided under the following sections

  • The Bereaved Partner’s Paternity Leave Regulations 2026
  • The Employment Rights Act 1996 (Application of Section 80B to Parental Order Cases) (Amendment) Regulations 2026
  • The Employment Rights Act 1996 (Application of Section 80B to Adoptions from Overseas) (Amendment) Regulations 2026

The Department for Trade and Industry (DBT) published a consultation that ran from 23 October to 15 January 2026, seeking views on extending bereavement leave for pregnancy loss.

The focus of which asked questions about who should be eligible for bereavement leave, including specific questions on different types of pregnancy loss that should be eligible. Consideration on how the leave can be taken and what else the Government can do to support employers to implement the new entitlement to bereavement leave, such as guidance.

In addition, views on what notice and evidence requirements an employee may be required to give to an employer to allow government to balance the needs of bereaved individuals with the needs of their employers to manage staff absence with minimum disruption.

So as announced from April 2026,unpaid Bereavement leave extending to parental rights will come into force but expectations for extended leave to include pregnancy loss will not be announced until 2027.

The pregnancy loss reforms will provide a day one right to protected time off work to grieve a pregnancy loss before 24 weeks, to be established as a framework power within the unpaid bereavement leave framework.

Further details for this entitlement - including eligibility, duration of leave (subject to a minimum of one week), and the types of pregnancy losses within scope - will be consulted on and set out in secondary legislation.

The proposals by government as set out in their ‘objectives for intervention’ seek to ensure:

  • Employees have protected time away from work to grieve and be with other members of the family, including time to recover physically and emotionally from pregnancy loss.
  • Employees can bring a claim to ACAS and the Employment Tribunal (ET) from day one if they have faced detriment by taking bereavement leave, including for pregnancy loss.
  • Ensure all employers provide a minimum standard of bereavement leave, leading to benefits from supporting individuals. This includes reducing absenteeism and presenteeism and improving employee loyalty through enhanced workplace support.
  • Encourage more employers to develop inclusive and compassionate bereavement policies that explicitly recognise pregnancy loss as a valid and significant form of bereavement.

Given that these changes are not due to take effect before 2027, there may be further develops that will further impact reforms for Bereavement leave.


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