Bereavement Leave UK 2026: Your Rights and Entitlements

Employment law in the UK does not guarantee paid bereavement leave for most deaths. There is no statutory right that allows you to take paid time off work when a relative or close friend dies. This applies to the death of parents, spouses, siblings, grandparents, children over 18, and friends.

This is different from other countries. Many European nations provide statutory bereavement leave. The UK does not, and it has not, despite long campaigning.

The one exception is Jack's Law, which came into force on 6 April 2024. If you are employed and your child (under the age of 18) dies, you are entitled to two weeks' paid leave immediately following the death. This applies regardless of how long you have been employed and regardless of how small your employer is. This is covered in detail below.

For all other deaths, there is no statutory right, and your rights depend on your employment contract, your employer's policies, and the law on "time off for dependants."

Jack's Law guarantees two weeks' paid leave for parents (and adoptive parents, and parents in a parental relationship) who lose a child under 18. The child can be any age from birth to 17.

The leave must be taken as two consecutive weeks starting immediately after the child's death or on a date the parent chooses within two years of the death. The parent can break it into smaller periods if the employer agrees, but the statutory entitlement is two weeks' full pay (your normal weekly wage).

To claim this leave, you simply notify your employer in writing as soon as possible after the child's death. You do not need a death certificate immediately; you can provide this later. Your employer cannot require more notice than is reasonably practicable.

If your employer refuses this leave, you have the right to claim unfair dismissal or breach of contract. This is a protected statutory right and cannot be contracted out of.

Some employers may offer this leave as part of their bereavement policy even for deaths other than a child's, but this is beyond the legal minimum.

If you are self-employed or not in employment, Jack's Law does not apply, but you may be able to claim bereavement benefits from the state if you meet the eligibility criteria; see our guide to Bereavement Support Payment for more.

The Employment Rights Act 1996, Section 57A, gives employees the right to "reasonable unpaid time off" to handle emergencies concerning dependants. This is not bereavement leave, and it is strictly limited.

A dependant is defined as a spouse, child, parent, or someone living in the household (but not as a tenant or lodger). It does not include adult siblings, in-laws, or close friends, even if they are very close.

The time off must be for dealing with an unexpected event or emergency affecting a dependant. Bereavement is not explicitly listed as a qualifying emergency, but courts have found that funeral arrangements, attendance at a funeral, and immediate crisis grief support can fall within this definition.

The time is unpaid. It is for handling immediate practical matters, not for mourning. Courts have found that one or two days is typically reasonable, not weeks.

To use this right, you must notify your employer as soon as possible that you need time off and explain that it is for an emergency concerning a dependant. You do not need your employer's permission, but they can require you to explain the nature of the emergency.

If your employer refuses this unpaid time off, you can complain to an employment tribunal. However, you would need to argue that the time you requested was genuinely reasonable for the circumstances. If you asked for four weeks off to grieve your mother's death, the tribunal might not find this reasonable, even though it is understandable.

This right is a safety net, not a solution, and it only applies if the deceased person fits the narrow definition of dependant.

In practice, most UK employers offer some form of bereavement leave, usually paid. The typical offer is:

• 3 to 5 days paid leave for the death of a close relative (usually parent, spouse, or child)
• 1 to 2 days paid leave for other relatives (sibling, grandparent, in-law)
• No paid leave, but unpaid time off granted in principle, for the death of a friend or more distant relative

Large employers often have more generous policies. Some offer up to two weeks. Some offer paid leave only for funerals and 1-2 additional days to grieve. Some offer paid leave plus the right to adjust hours for a period afterwards.

Small employers are less likely to have a written policy but are often more flexible in practice.

The point is this: whilst there is no legal entitlement, most employers do provide something. Your employer's practice may be better than the strict legal minimum.

Before making a request, check:

1. Your employment contract (the document you signed when you were hired)
2. Your employee handbook (may be printed, may be on an intranet)
3. Your employer's HR policies (ask HR directly if not published)

Look for sections titled "bereavement leave," "compassionate leave," "time off," or "leave entitlements." Note the exact wording of what is offered, who qualifies, and what process you need to follow.

If your contract says you are entitled to five days' paid bereavement leave for the death of a close relative, use that entitlement. You do not need to ask your employer's permission; it is your right under the contract.

If there is no written policy, you are back to the legal minimum (unpaid time off for dependants and the two weeks for Jack's Law if applicable) and your employer's discretion.

If there is no written policy, or if you want to request more time than the policy states, you need to make a request.

Do this in writing (email is fine) to your manager or HR department as soon as possible. State:

• Your name and job title
• That you have experienced a bereavement
• The relationship to the deceased (parent, spouse, child, etc.)
• The date of death (or the expected date if the person is still living)
• The specific dates you need off
• A brief explanation if relevant (e.g., "to attend the funeral and manage arrangements")

That is all you need to say. You do not need to justify your grief or explain in detail why the person's death affects you. Keep it professional and factual.

In most cases, this simple request will be approved. Employers understand that funerals happen, arrangements need making, and people need time to process.

If your employer asks for more information, provide a death certificate once it is available. You do not need to show it before the funeral; explaining the situation is usually sufficient.

If you are too distressed or ill to work (not just because you need to attend a funeral, but because you are physically or mentally unwell), you may be able to use sick leave.

You are entitled to Statutory Sick Pay (SSP) if you meet the eligibility criteria (which most employees do). SSP is £116.75 per week (as of April 2024) and covers the first 28 weeks of any period of illness.

To claim SSP, notify your employer that you are sick and unable to work, ideally before your shift starts. You may be asked to provide a doctor's note if you are off for more than three days.

Grief can be extremely severe, particularly in the immediate aftermath of death or if the death is sudden and traumatic. If you are experiencing symptoms of depression, panic, sleep disruption, or inability to function, this is genuine illness and SSP may apply.

However, your employer cannot force you to claim SSP if you could otherwise take unpaid bereavement time. If you have bereavement leave available in your contract, use that first.

If you need to return to work but also need flexibility to handle arrangements (meetings with executors, attending Probate hearings, dealing with funeral costs), you may be able to request a temporary variation to your working pattern.

This is different from bereavement leave: you remain at work but with different hours. For example, you might request to finish at 3pm instead of 5pm for a month, or to work from home three days a week.

Your employer is not required to grant this, and you have no automatic right, but if you make a formal flexible working request, your employer must consider it seriously and can only refuse on specific grounds (business reasons, cost, or inability to accommodate).

A temporary flexible working request around the time of a death is often approved because it is time-limited and the employer can see it will resolve when arrangements are complete.

Many larger employers offer Employee Assistance Programmes (EAP). These provide free, confidential counselling and support, usually available within a few days of requesting it. An EAP is not the same as time off, but it is a resource that may help.

If your employer has an EAP, ask HR how to access it. You may need to call a phone number or go through an online portal. There is usually no cost to you and no need to inform your manager (though some employers integrate EAP referrals into management conversations).

Some employers also offer:

• Mental health days (additional discretionary time off specifically for mental health)
• Counselling services (beyond an EAP)
• Grief support groups

Ask HR what is available. If nothing is offered, and you think your workplace could benefit from this, suggest it. Bereavement support is increasingly recognised as important to employee wellbeing.

Bereavement is not a protected characteristic under UK discrimination law. This means your employer is not prevented from treating bereavement leave differently from other types of leave, or from being less generous about it.

However, if your bereavement results in a disability (for instance, significant depression or PTSD), then disability discrimination law may apply. Under the Equality Act 2010, your employer must make reasonable adjustments for a disability, which could include additional time off, flexible hours, or other support.

Additionally, if you are a parent grieving a child's death, Jack's Law provides statutory protection, which also creates a form of protection against discrimination (you cannot be dismissed or treated worse for taking this leave).

If you experience any adverse treatment for taking bereavement leave (being overlooked for promotion, receiving negative comments from management, being made redundant shortly after returning), consult with Acas or a solicitor to understand whether this might amount to unlawful treatment beyond the legal position on bereavement leave.

Acas (the Advisory, Conciliation and Arbitration Service) provides free guidance on employment rights. If you are unsure of your rights, or if your employer has refused reasonable time off, you can contact Acas:

• Phone: 0300 123 1100 (Monday to Friday, 8am to 8pm)
• Online: www.acas.org.uk

Acas will not represent you, but they will explain your rights and may help you frame a request to your employer or a complaint.

If your employer refuses to grant you any time off for a funeral or bereavement, the steps are:

1. Make your request in writing (email) if you have not already, and keep a copy.
2. If refused, ask for the reason in writing.
3. Contact Acas and explain the situation. Acas will advise whether the refusal breaches your rights.
4. If you have a contract clause promising bereavement leave, your employer is in breach of contract.
5. If you want to pursue this further, you can file a claim to an employment tribunal (within three months of the refusal). However, this is time-consuming and distressing when you are grieving.

In practice, most refusals can be resolved with a conversation with HR or management. If your employer has a bereavement policy and is refusing it, they are violating their own policy, which puts you in a stronger position.

If your employer is very small and has no policy, refusal is legal (except for Jack's Law and unpaid time off for dependants), but it is unusual. Asking to speak to the owner or principal directly, and explaining the situation, often resolves the problem.

If you are at risk of dismissal for taking bereavement leave, or if you have been dismissed, this becomes an unfair dismissal claim, which is a different and more serious matter. Seek legal advice from an employment lawyer immediately.

Bereavement leave rights are the same across the entire UK. England, Wales, Scotland, and Northern Ireland all have the same employment law, administered through the same tribunals and courts (although Scotland has some separate procedures).

Jack's Law applies equally throughout the UK.

The Employment Rights Act 1996 applies equally throughout the UK.

There are no regional variations in statutory bereavement leave rights that you need to be aware of.

One of the most difficult aspects of bereavement leave is that even if you take the time, it often does not feel like enough. You may return to work after a funeral and feel that you are back far too soon, before the shock has worn off or before you have done all the necessary arrangements.

Your employer's legal obligation ends quickly, but your grief and practical work do not. This gap between "time off" and "time needed" is real, and it is not a personal failing. Many people have to manage grief alongside work for months or years after a death.

If this is your situation, consider:

• Taking the flexible working request route, even for longer than the funeral period
• Using annual leave for some of the arrangements (probate, executor work, memorial services)
• Asking whether you can work reduced hours temporarily
• Using an Employee Assistance Programme for counselling alongside your work

Another surprising issue: people often feel pressure to work because they do not want to burden their employer. Even in countries with generous bereavement leave, people often do not take it. If your employer has granted you leave, take it. The work will be there when you return.

Finally, some employers are surprisingly unhelpful about grief. If your employer has refused time off, or if the culture is to "push through," this can feel isolating on top of the bereavement itself. This is not a reflection on you; it is a reflection on your employer's culture. If you are looking for work, or if you reach a point where you want to move, remember that this experience reflects the workplace, not your obligation to them.

Once you have dealt with immediate time off, your next steps depend on your circumstances:

• If the death has affected your income or your ability to work, you may be eligible for Bereavement Support Payment. See our guide to Bereavement Support Payment.
• If you were receiving benefits related to the deceased person, you will need to notify relevant benefits services. See our guide to stopping benefits.
• If you are new to employment or managing a complex employment situation, Acas is your resource: www.acas.org.uk.

For emotional and mental health support:

• Samaritans: 116 123 (available 24 hours)
• Cruse Bereavement Care: 0808 808 1677 (Monday to Friday, 9:30am to 5pm)
• Mind: 0300 123 3393 (Monday to Friday, 9am to 6pm)

AfterLoss covers all aspects of dealing with a death, including the practical, financial, and emotional elements. Explore our guides for support with whatever aspect of bereavement you are facing.