Is bereavement leave a legal right in the UK?
It depends who died. There is a day-one statutory right to 2 weeks' paid leave when a child under 18 dies, or a baby is stillborn after 24 weeks. For other bereavements, there is no statutory entitlement — but you may have contractual rights.
Full answer
The UK has a patchwork approach to bereavement leave. Here's what the law currently says:
- 2 weeks' leave following the death of a child under 18
- 2 weeks' leave following a stillbirth at or after 24 weeks of pregnancy
- This leave is paid at the statutory parental bereavement pay rate (£184.03/week in 2025/26, or 90% of average weekly earnings if lower)
For other bereavements: There is currently no statutory right to paid (or unpaid) bereavement leave for the death of a parent, partner, spouse, sibling, or close friend. However:
- Employees may have a contractual right if your employment contracts or staff handbook include a bereavement policy
- You can grant leave as a discretionary 'compassionate leave'
- Employees may take annual leave or ask for emergency dependants' leave (unpaid, for dependant-related emergencies)
The Employment Rights Bill does not currently extend statutory bereavement leave beyond the child bereavement provisions.
- Have a written bereavement/compassionate leave policy — it prevents inconsistency and protects you from discrimination claims
- Consider a minimum of 3–5 days' paid leave for close family bereavement as a contractual right
- Train managers to handle bereavement sensitively — a rigid 'no policy' approach causes grievances
A note on reasonable time off: Employers refusing all leave following a bereavement risk constructive dismissal claims if the response is sufficiently unreasonable.
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