Grief at Work: Your Rights to Bereavement Leave in the UK

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 many other countries, which provide statutory bereavement leave. In Great Britain that is due to change in April 2027 (see the law is changing below).

The one exception is Jack's Law, which came into force on 6 April 2020. If you are employed and your child under 18 dies, or your baby is stillborn after 24 weeks, you are entitled to two weeks' leave, with statutory pay if you meet the qualifying conditions (explained below). The leave itself 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."

Start with your contract or staff handbook: if it gives you bereavement or compassionate leave, you can take those days without asking (where to look is covered below). If there is no written policy, or you need more time than it gives, make a request. If your child under 18 has died, you do not need to ask at all: under Jack's Law you simply tell your employer, as explained below.

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.

Jack's Law guarantees two weeks' leave for parents (including adoptive parents and parents through surrogacy) and their partners when a child under 18 dies or a baby is stillborn after 24 weeks. The leave is guaranteed; the pay depends on the conditions below.

You can take the two weeks together, as two separate weeks, or take just one week. The leave can start on or after the date of the death and must finish within 56 weeks of it. You do not need your employer's agreement to split it.

The two weeks of leave are a day-one right for every employee. The pay is separate: to qualify for Statutory Parental Bereavement Pay you must have worked for your employer for at least 26 weeks by the Saturday before your child died and earn at least £129 a week on average. If you qualify, the pay is the lower of £194.32 a week (from 6 April 2026) or 90% of your average weekly earnings - a flat statutory rate, not your full normal wage. Many employers choose to top this up to full pay under their own bereavement policy, but they are not legally required to.

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.

This is a statutory right and cannot be contracted out of. If your employer refuses it or treats you worse for taking it, you can complain to an employment tribunal, and if you are dismissed for taking it, that is automatically unfair dismissal.

In Northern Ireland, parental bereavement leave and pay come from separate Northern Ireland law. Since 6 April 2026, the pay there has no minimum length of service, and it also covers miscarriage before 24 weeks. See nidirect for the details.

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 position described above - no general right to bereavement leave - is set to change. The Employment Rights Act 2025 creates, for the first time, a statutory right to bereavement leave that goes beyond the loss of a child. The government set out how it will work on 22 September 2026, and it is due to start in April 2027 in England, Scotland and Wales.

The main points:

• A day-one right, available from your first day in a job regardless of length of service.
• Up to two weeks of leave, adjusted to your usual working pattern, which you can take as single days rather than one block.
• It can be taken at any point within 56 weeks of the death.
• It covers the death of a spouse or partner (whether or not you lived together), a parent, an adult child or a sibling, including step, half, adoptive, kinship and foster relationships. Grandparents, aunts, uncles and cousins are not included.
• For the first time, a right to leave after pregnancy loss before 24 weeks.
• You will not have to provide evidence of the death. In the first eight weeks you only need to tell your employer as soon as you reasonably can; after that, give a week's notice.
• The leave will be unpaid as a statutory minimum, although employers can choose to pay it. Paid parental bereavement leave under Jack's Law continues as now.

Crucially, this right is not yet in force: the regulations that bring it in are due to be made in 2027. Until then, the rights set out in the rest of this guide are what apply.

If a bereavement is affecting your ability to work now, do not wait for the new law: use your employer's existing policy, the time off for dependants provisions, or a request for compassionate leave as described below.

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. The death of a dependant is one of the situations the law lists by name, so time off to make arrangements and attend the funeral is covered.

The time is unpaid. It is for handling immediate practical matters, not for mourning, and in practice that usually means a day or two rather than 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 employers offer some paid bereavement leave. In a 2022 CIPD survey, 8 in 10 employers gave paid leave when a close family member died, and 3 to 5 days was the most common length. The table below shows what a typical policy looks like, based on that survey and an earlier XpertHR survey of 634 organisations. Your own employer's policy may be different.

Some employers are more generous: about 1 in 10 offer two weeks' paid leave for close family.

Not every employer has a written policy. A 2021 Marie Curie survey found only 1 in 3 did. If yours has none, it is still worth asking, as most employers do provide something.

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.

People often use the terms "bereavement leave" and "compassionate leave" interchangeably, and in practice most UK employers do too. There is a small distinction worth knowing when you check your policy.

Bereavement leave specifically means time off because someone has died. Compassionate leave is broader: it covers time off for a serious personal or family crisis, which includes a death but can also cover a close relative being critically ill or another family emergency.

Neither term has a fixed legal meaning for most deaths - both depend on your contract and your employer's policy, with the exceptions of Jack's Law and time off for dependants set out above. When you check your handbook, look under either heading: many employers file their bereavement provisions under "compassionate leave."

Where to look:

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 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 £123.25 per week (from 6 April 2026) and covers up to 28 weeks of any period of illness. Since 6 April 2026 there are no longer any unpaid "waiting days" - SSP is payable from the first day of sickness - and the lower earnings threshold has been removed, so lower-paid employees now qualify too (SSP is paid at the lower of £123.25 or 80% of your average weekly earnings).

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 (fit note) if you are off sick for more than seven 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 6pm)
• 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 make a claim to an employment tribunal. You must contact Acas for early conciliation first. For anything that happened on or after 1 October 2026, most claims must be started within six months (it used to be three). 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.

England, Scotland and Wales share the same employment law, so everything in this guide applies across Great Britain, including the new right from April 2027.

Northern Ireland has its own employment law. The rights are similar, with some differences:

• Parental bereavement leave and pay come from Northern Ireland's own law. Since 6 April 2026, the pay there needs no minimum length of service, and the leave and pay also cover miscarriage before 24 weeks.
• Time off for dependants exists in Northern Ireland under its own equivalent law.
• The new bereavement leave coming in April 2027 applies in Great Britain. Check nidirect for the current position in Northern Ireland.

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.

Managing grief alongside work for months is normal, not a failing. Our evidence-based guides on how long grief lasts and whether grief counselling works explain what the research shows, including when an Employee Assistance Programme or targeted support is worth reaching for.

The legal points in this guide come from official government and legislation sources, and the employer figures from published surveys, checked in October 2026. Your own contract and employer policy may differ from the typical picture.

• GOV.UK: Parental Bereavement Pay and Leave
• nidirect: Parental Bereavement Leave and Pay in Northern Ireland
• Employment Rights Act 1996, section 57A: time off for dependants
• GOV.UK, 22 September 2026: new rights for family bereavement and pregnancy loss
• Lewis Silkin: how the new right to bereavement leave will work
• Lewis Silkin: longer time limits for tribunal claims from October 2026
• Acas: Time off for bereavement
• GOV.UK: Statutory Sick Pay rates
• CIPD, March 2022: how many employers pay for bereavement leave, and for how long
• XpertHR survey of 634 organisations, reported by HR Review, February 2018: typical days by relationship
• Department for Business and Trade impact assessment, October 2024: cites the Marie Curie finding on written policies

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.
• Government departments (the DWP, HMRC, DVLA, HM Passport Office and the council) can be told about the death in one go through the Tell Us Once service, using the reference number the registrar gives you.
• If you are new to employment or managing a complex employment situation, Acas is your resource: www.acas.org.uk.

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.