Ensuring parental bereavement leave and the new leave provisions around bereavement and pregnancy loss are fit for purpose

CIPD member insights point to the clear message that while parental bereavement leave is a vital entitlement, there are still challenges in how it operates in practice, particularly for HR teams responsible for applying it sensitively and consistently. With a UK Government review underway and new bereavement and pregnancy loss leave provisions planned for 2027, now is a critical moment to reflect on what’s working and what isn’t. Drawing on member feedback and Labour Market Outlook data, this blog from Claire McCartney explores the practical implications for HR professionals and the changes needed to make these policies truly fit for purpose. 

Under the Parental Bereavement (Leave and Pay) Act 2018, parents who lose a child under 18 or suffer a stillbirth after 24 weeks of pregnancy are entitled to receive up to two weeks’ bereavement leave. This is known as Jack’s Law in memory of Jack Herd, whose mother, Lucy Herd, campaigned for mandatory leave for grieving parents.  

The Government is currently conducting a review of this provision ahead of the introduction in 2027 of a broader entitlement to bereavement and pregnancy loss leave. 

Your feedback 

We’ve been collecting member feedback to inform this review and ensure that both provisions are fit for purpose, meeting the needs of employers and employees going forward. Feedback suggests that requests are highly sensitive and need HR teams to balance compassion with compliance. There should be an emphasis on flexibility and sensitivity, recognising that grief manifests differently across individuals. 

Smaller organisations may struggle with consistency due to limited HR resource, and managers often need clearer guidance to handle these situations confidently. In particular, member feedback highlighted the need for consolidated guidance including case studies and FAQs, as well as a statutory template for communication (letters/forms) to reduce ambiguity. There was also a consensus that consistency and simplification of the criteria across different statutory unpaid absence entitlements would be helpful. 

We also asked some questions in the winter Labour Market Outlook survey, with a sample size of 2,000+ HR and senior decision makers. The key findings show that: 

• A fifth (20%) of respondents say at least one person in their organisation has taken parental bereavement leave since it was introduced in April 2020 

• Around a quarter (24%) say their organisation offers more than the two weeks entitlement to parental bereavement leave 

• Almost half (46%) offer enhanced statutory bereavement pay, with most of those (35%) paying an employee’s usual salary 

The top three challenges experienced in administering parental bereavement leave are: 

• Managing the potential longer-term mental or physical health impacts linked to bereavement (26%) 

• Supporting employees whose grief affects performance, behaviour or attendance (25%) 

• Challenges in respecting employees' preferences around privacy (20%) 

Almost one in ten (9%) believe that employees had experienced a parental bereavement but had not taken parental bereavement leave. Key reasons included: 

• Employee(s) chose not to disclose the bereavement (41%) 

• Employee(s) preferred to use other leave (e.g. annual leave) (29%) 

• Employee(s) were unaware of the entitlement (28%) 

Key changes respondents would like to see to make the parental bereavement leave process easier for organisations included:  

• More awareness materials for employees (24%) 

• Clearer government guidance (21%) 

• Simpler eligibility rules (19%) 

Our response to the bereavement and pregnancy loss leave provisions 

We responded in full to the government’s consultation on leave for bereavement, including pregnancy loss, drawing on feedback and roundtables with members.  

We outlined support for the introduction of bereavement leave, including for pregnancy loss. We also suggested aligning the bereavement leave period with the current entitlement under Jack’s Law (Parental Bereavement Leave) of two weeks. This would provide consistency and help to support wellbeing. 

When it comes to notice requirements, we recommend following the provision set out in Jack’s Law for consistency for employers and flexibility for employees. This includes notice requirements that depend on how soon after a bereavement the employee intends to take leave.  

Our HR Member roundtables were broadly split in opinion regarding evidence requirements. Some felt that evidence should not be required but that an employer should have the right to request it if they felt it was necessary. Others felt that it would be more appropriate for employees to self-declare their eligibility and confirm the reason they are taking leave is due to bereavement or pregnancy loss.  

We also made some broader recommendations to the Government on supporting both employers and employees:  

• Sharing of good practice guidance and toolkits by the Department would be helpful to support employers in implementing the new statutory bereavement leave and in building a broader culture of understanding and support in workplaces.  

• Case studies across different sized organisations and sectors can also be helpful resources for organisations and provide learning and principles around how they might develop a compassionate approach to bereavement support.  

• Encouraging organisations to signpost to supportive services, organisations and charities.  

• Further research: more evidence to demonstrate the effectiveness of different workplace approaches to bereavement support is also needed to inform policy and practice as called for by various academics including Barclay and Kang, 2019; Bergeron, 2023; Thompson and Bevan, 2015; Bergeron, 2025. 

What does this mean for people professionals? 

CIPD members can find more information and prepare for the Employment Rights Act 2025 and Employment Law changes in our tracker and timetable.