The Employment Rights Bill: grief recognised, but not funded

Earlier this year, I explored whether the government would introduce paid leave for women and their partners following pregnancy loss. It was a call for compassion that resonated with many. That's because under the current framework, statutory Parental Bereavement Leave is only available to parents who lose a child under the age of 18, or experience a stillbirth after 24 weeks. This left a glaring gap for the hundreds of thousands of families who suffer pregnancy loss at an earlier stage.  

The Employment Rights Bill (ERB) (which is still going through parliament) has been amended to include changes to statutory bereavement leave. 

It’s a significant step. But it’s not the leap forward many had hoped for.

What’s changing - and why it matters

The ERB will, for the first time, give employees the right to take time off for pregnancy loss at any stage, including early miscarriage and ectopic pregnancy. It will become a ‘day one’ right.

These amendments aren't limited to pregnancy loss. The ERB introduces a statutory right to bereavement leave for the loss of “other loved ones”. We know that this isn't limited to children, but don't yet know what other relationships are likely to be included. That said, I'd expect it to include spouses, parents and siblings.   

This marks an expansion of workplace rights, recognising that grief is deeply personal and not confined to traditional family structures.

Further details of the entitlement, including eligibility, leave length and the types of pregnancy losses within scope will be consulted on and then set out in secondary legislation – although this government policy analysis states it will be a minimum of one week leave for miscarriage, IVF transfer failure, termination and ectopic pregnancy. 

The catch: it’s still unpaid

There’s a crucial caveat: the new bereavement leave will be unpaid. Only parents who lose a child will continue to be eligible for paid leave. 

This may ultimately dilute the impact of the legislation and the level of take-up. And it's also where the reform begins to falter. While the right to time off is a welcome development, the lack of financial support risks making it inaccessible to those who need it most. For many employees - particularly those in lower-paid roles - taking unpaid leave simply isn’t an option and they may end up having to use their holiday to take the time they need to recover.

In practice, this means that the emotional burden of pregnancy loss or bereavement could still be compounded by financial stress. It also risks creating a two-tier system, where only those who can “afford to grieve” are able to fully benefit from the new rights.

A missed opportunity?

Campaigners had hoped for more. The Women and Equalities Committee recommended two weeks of paid leave. While the government’s move is a nod to empathy, it stops short of embedding that empathy into the economic realities of working life. As it stands, the burden of bereavement is still being shouldered by individuals. 

What employers can do

Employers can, of course, go further than the law requires and offer paid compassionate leave, but they would need to apply the same rates to different types of leave - particularly if they are enhanced. 

When is it coming into force?

The government's roadmap indicated that it will consult on this in Autumn 2025, but won't bring it into force until 2027. 

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