Employment Rights Bill 2025: A new chapter in family and bereavement leave

In 2024, Parliament passed the Paternity Leave (Bereavement) Act, granting immediate statutory paternity leave to bereaved fathers and partners. However, this Act has not yet taken effect. Instead, its provisions are being incorporated into the broader Employment Rights Bill (ERB), introduced by the Labour government following the 2024 general election.

With implementation expected no earlier than 2026, employers should begin preparing for significant changes to family leave entitlements.

Key reforms under the Employment Rights Bill

Pregnancy loss before 24 weeks

On 7 July 2025, the UK Government announced a new amendment to the Employment Rights Bill that will entitle families who experience pregnancy loss before 24 weeks—including miscarriage, ectopic pregnancy, and IVF loss—to protected bereavement leave. This marks a significant shift from previous policy, where statutory bereavement leave was only available for stillbirths after 24 weeks or the death of a child under 18. The change follows sustained campaigning, including by the Women and Equalities Committee, and reflects the government’s commitment to supporting grieving families. The amendment will be introduced in the House of Lords as part of the Bill’s progression.

Paternity leave

The ERB will make paternity leave a day-one right, removing the current 26-week service requirement. This aligns paternity leave with maternity and adoption leave. The entitlement will apply to biological fathers, adoptive parents, civil partners, and unmarried partners.

Further to the recently released roadmap, the government intends to bring these measures into force in April 2026.

Parental leave: day-one right

Under Clause 15 of the Employment Rights Bill, unpaid parental leave will become a day-one right for eligible employees, removing the current requirement of one year’s continuous service. This change will be implemented through an amendment to section 76 of the Employment Rights Act 1996, which will eliminate the provision allowing regulations to set a qualifying period for entitlement. The reform aligns unpaid parental leave with other family-related leave entitlements (such as maternity, adoption, and paternity leave) ensuring greater consistency and fairness across the board.

This commitment was first outlined in the government’s Plan to Make Work Pay and is currently scheduled to come into force in April 2026.

A full review of the parental leave framework is expected from autumn 2024, with further reforms likely, especially if changes to employment status expand access to statutory rights.

Bereavement leave

The current statutory right to two weeks’ parental bereavement leave (available to parents who lose a child under 18 or experience a stillbirth after 24 weeks) will be broadened under Clause 18 of the Employment Rights Bill to cover a wider range of bereavement situations. This new entitlement, referred to simply as “bereavement leave,” will be a day-one right for eligible employees, ensuring immediate access to time off following the death of a close relation.

The specific relationships that qualify an employee for bereavement leave will be defined in forthcoming regulations. Where the deceased is not a child, the minimum leave entitlement will be one week per bereavement. If multiple qualifying individuals pass away, employees will be entitled to leave for each loss.

Statutory Parental Bereavement Pay will continue to apply only in cases involving the death of a child under 18. The broader bereavement leave entitlement will be unpaid. However, employees will retain protections against detriment or unfair dismissal for taking bereavement leave, mirroring the safeguards currently in place for parental bereavement leave.

The government plans to consult on the detailed implementation of bereavement leave in 2025, with a view to bringing the new measures into force in 2027.

What employers should do now

Although the ERB is not yet law, employers should begin preparing by:

• Reviewing and updating policies- Begin aligning paternity, parental, and bereavement leave policies with the proposed changes.
• Training HR and Managers- Ensure teams are aware of the new entitlements and can handle requests sensitively and lawfully.
• Enhancing Support- Consider offering grief counselling, phased returns, or extended compassionate leave.
• Monitoring Legislative Developments- Stay informed about the Bill’s progress and be ready to implement changes once enacted.

How we can help

Our employment law team is advising clients on how to prepare for the Employment Rights Bill and its forthcoming regulations. If you would like assistance with compliance planning, policy reviews, or training, please get in touch.

For more in-depth guidance or support on The Employment Rights Bill, book a free 30-minute consultation with a member of our Employment team today.

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This content is correct at time of publication