💔Compassion Meets Compliance: Major Changes to Statutory Bereavement Leave

The Employment Rights Bill continues to redefine the employee experience. The latest consultation—'Leave for bereavement including pregnancy loss'—signals a move toward formalising and expanding support for employees facing loss. This isn't just about ticking a box; it's about embedding compassion into your HR policy and building a resilient, supportive culture.

Here is our breakdown of this critical legislative development.

What’s Changing? 📝

A new statutory day-one right to unpaid bereavement leave will be introduced, providing employees with a formal entitlement when experiencing the loss of a loved one.

• Day-One Right: This leave will be available to all employees from day one of employment, removing existing barriers based on tenure.

• Expansion to Pregnancy Loss: Crucially, the right will extend to cover pregnancy loss occurring before 24 weeks of gestation. The government is specifically considering including miscarriages, ectopic and molar pregnancies, medical terminations, and IVF embryo transfer losses.

• Consultation on Scope: The government is seeking views on key implementation details, including:

  • Eligibility: Defining the relationships (family structures) that qualify an employee for leave.

  • Duration & Timing: Whether the leave should be one or two weeks and the window for taking it (options range from 56 days to 56 weeks after the event).

  • Notice & Evidence: Establishing formal requirements for how employees request the leave and what evidence (if any) they need to provide.

What Does It Mean For You? 🫂

This new statutory right creates an immediate need to review and update your existing leave policies to ensure both compliance and cultural alignment.

• Policy Gaps: If your current policy only addresses statutory Parental Bereavement Leave (for a child under 18 or a stillbirth after 24 weeks), you have a significant policy gap that must be filled to cover general loss and earlier pregnancy loss.

• Manager Training: Line managers will be the first point of contact. They must be trained not only on the new formal entitlement but also on how to handle these deeply sensitive disclosures with empathy and consistency. Poor handling can severely damage trust and lead to future legal risk.

• Cultural Alignment: Offering the statutory minimum (which is unpaid) may fall short of employee expectations and your firm's values. Forward-thinking businesses will use this legislative shift as an opportunity to review whether they can offer paid time off to truly support staff during these traumatic times.

Our Advice for You🌟

Don't wait for the Bill to become law. Use the consultation period to strategically audit your support systems.

1. Audit and Upgrade Your Bereavement Policy: Go beyond the incoming minimum. Define clear internal guidelines on paid leave vs. unpaid leave for various types of loss. Explicitly include and define pregnancy loss support.

2. Develop a Sensitive HR Protocol: Establish a clear, confidential, and empathetic process for employees reporting pregnancy loss or general bereavement. Given the sensitivity, make sure managers know when and how to escalate to HR to ensure compliance and proper support activation.

3. Prioritise Manager Empathy Training: Invest in training that focuses on the soft skills required to handle sensitive leave requests. Managers need to know how to communicate clearly about the new entitlement while maintaining privacy and compassion.

4. Consider Paid Leave for Day-One Right: Strategically assess the cost/benefit of offering paid leave for this day-one right. This relatively small investment can significantly enhance your Employer Brand and demonstrate true care, leading to higher retention and engagement.

   
   

The focus on day-one rights for bereavement is a clear message: support for life's toughest moments must be accessible to all.

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