Bereavement Pay and Leave: What UK Employers Need to Know About Their Legal Obligations

It’s an unfortunate reality that, at some point, every business will have to support an employee who experiences the loss of a loved one. Knowing what you need to offer in terms of bereavement pay and leave is not just about being a compassionate employer - it’s a legal requirement in the UK. The rules around time off for bereavement, also known as compassionate or bereavement leave, can feel complex if you’re setting up your first small business or haven’t handled this before.

Don’t worry - understanding your obligations around bereavement pay is much simpler when you break it down. Whether you’ve just hired your first staff member or you’re reviewing your staff leave policies, making sure you’re compliant from day one will help protect both your team and your business.

Ready for a clear breakdown? In this guide, we’ll walk you through what counts as bereavement leave, when you need to provide pay, and the steps for setting up a compliant and supportive policy in your business.

What Is Bereavement Pay and Leave?

Bereavement pay (sometimes called compassionate leave pay) is the payment employees may be entitled to when they take time off work after experiencing the death of a close family member. Bereavement leave is the period off work that employers offer for this reason.

The UK legal landscape includes a mix of minimum rights and employer policies above these. As a business owner, you need to meet the legal minimums - and it’s often wise to go above and beyond in your contracts or staff handbook to look after your team and maintain your reputation.

Who Is Entitled to Bereavement Leave and Pay in the UK?

There are different rules depending on the employee’s relationship to the deceased and their employment status. Here’s what you must know:

• Parental bereavement leave: Under the Parental Bereavement Leave and Pay Regulations 2020, employees are entitled to time off if they lose a child under the age of 18 or suffer a stillbirth after 24 weeks of pregnancy.
• Time off for dependants: Under the Employment Rights Act 1996, all employees have the right to "reasonable" unpaid time off to deal with emergencies, including the death of a dependant (such as a partner, parent, child, or someone who relies on them for care).
• Your company policy: Many businesses go further than the legal minimum, offering paid bereavement leave for a wider range of relationships and under more flexible circumstances. Your employee handbook or contract should make your approach clear.

How Much Bereavement Leave Do You Have to Give?

The rules vary depending on the situation:

Parental Bereavement Leave

• Employees are entitled to two weeks’ statutory parental bereavement leave if they lose a child under 18 or experience a stillbirth after 24 weeks of pregnancy.
• The leave can be taken in a single block of two weeks or two separate weeks within 56 weeks of the child’s death or stillbirth.

Bereavement Leave for Other Family Losses

• The law provides a right to reasonable time off to deal with the death of a dependant, typically a partner, parent, child, or someone who relies on them for care.
• This time off is usually unpaid unless your own policy states otherwise.
• "Reasonable" isn’t defined, so it’s down to your judgment, although most employers provide 1-5 days as a guideline.

What Counts as a Dependant?

• Spouse or partner
• Parent or child
• Someone who lives in the same household, or
• Anyone who reasonably relies on the employee for care or support

It’s important to be clear in your contracts and policies about how your business defines "close relative" or "dependant". For more on structuring policies, check our guide to absence from work policies.

Is Bereavement Pay Compulsory in the UK?

This is where things get a bit nuanced:

• For most bereavements (other than for children or stillbirth), bereavement pay is not a legal right in the UK - time off must be allowed, but it can be unpaid unless your employment contract says otherwise.
• For parental bereavement leave, eligible employees can claim Statutory Parental Bereavement Pay (SPBP) instead. This is a set amount the government updates every April.

Statutory Parental Bereavement Pay (SPBP)

• For 2024/25, SPBP is either £184.03 per week or 90% of the employee’s average weekly earnings (whichever is lower).
• Employees are eligible if they have at least 26 weeks’ service with your business and have earned at least the Lower Earnings Limit.
• You as the employer pay SPBP but can usually claim it back from the government - check current guidance every year.

What Should a Bereavement Leave Policy Include?

Clear policies help you treat staff fairly and protect your business. Your bereavement leave policy should outline:

• Eligibility: Who is covered, and for which relationships (e.g., partner, parent, sibling, grandparent)?
• Duration: How much leave is allowed in each situation?
• Pay: Whether the leave will be paid or unpaid (and the rate if paid).
• Process: Notification requirements, evidence you may request, and how leave should be booked or reported.
• Confidentiality: How you will protect sensitive information shared around bereavement events.
• Support: Any support mechanisms, like Employee Assistance Programmes or mental health signposting.

If you’re not sure what to include or want to make sure your policy matches current law, it’s smart to have your company policies reviewed by a lawyer.

What Are Your Legal Risks If You Don’t Comply?

Failing to follow the law regarding bereavement pay and leave could lead to:

• Employment tribunal claims: For example, if you refuse time off after qualifying parental bereavement or treat employees inconsistently.
• Reputational damage: Word spreads quickly about how businesses handle sensitive moments. A lack of compassion or fairness can affect morale and your ability to attract or retain staff.
• Unfair dismissal claims: If you dismiss or penalise an employee for exercising their right to bereavement leave, you could face legal action.

In short, getting your approach wrong can be costly. That’s why it’s important to have clear procedures and a written policy you can rely on when the time comes.

Step-By-Step Guide: How to Manage Bereavement Pay and Leave in Your Business

Let’s break down the best practice steps to stay compliant and support your staff:

Step 1: Draft a Clear Bereavement Leave Policy

• Decide what relationships and scenarios you will cover (consider going beyond the absolute legal minimum to support wider family members if appropriate for your business culture).
• Clearly state how much leave and pay is given in each situation.
• Set out how employees should notify you, what proof (if any) is required, and how you’ll ensure confidentiality.
• Have your policy as part of a staff handbook or employment contracts for certainty.

Step 2: Communicate Your Policy to Staff

• Make sure all employees are provided with the policy as part of their induction and whenever it changes.
• Train managers to handle requests for bereavement leave with compassion and consistency.

Step 3: Respond Promptly and Compassionately

• When notified of a bereavement, follow your process: discuss options, confirm eligibility for leave/pay, and reassure confidentiality.
• Be flexible where you can - everyone experiences loss differently, and some may need longer or shorter time off.

Step 4: Ensure Statutory Parental Bereavement Pay Is Managed Correctly

• Check if the bereaved employee is eligible for SPBP (length of service, earnings, etc.).
• Process SPBP in payroll and keep records. You can usually claim costs back from HMRC afterwards.
• Provide the correct leave and pay even if you outsource your payroll - you are still legally responsible as the employer.

Step 5: Review Your Documents Regularly

• Employment law changes regularly - review your policies annually or whenever there are new regulations (for example, the 2020 introduction of statutory parental bereavement leave).
• Get tailored legal advice for tricky or unusual requests, or where you’re not sure if your approach complies with current UK law.

For more on writing and maintaining effective, compliant workplace documents, see our guide on employee handbooks and policies.

What Evidence Can an Employer Ask For?

For statutory parental bereavement leave and pay, you may request documentary evidence (like a child’s death or stillbirth certificate) if you need it. However, it’s essential to balance your legal right to request proof with sensitivity and privacy for your staff.

For other bereavements, you may ask for a self-certification or some form of reasonable evidence, but avoid overly formal processes that could cause distress at a difficult time. Make it clear in your written policy what, if any, proof you may need.

How Does Bereavement Pay Affect Holiday, Sick Pay, and Other Rights?

Bereavement leave is separate from annual holiday and sick pay. Employees may choose to use paid annual leave or sick leave in relation to a bereavement, but you shouldn’t force them to do so (unless they request it).

• If an employee becomes unfit for work due to grief, they may qualify for sick pay as usual (with standard self-certification or fit note requirements).
• Statutory Parental Bereavement Leave cannot be offset against holiday time - it must be given in addition.

Need more detail on leave types and staff entitlements? We’ve got a guide that breaks down the main kinds of time off (including sick pay and holidays).

Updating Your Employment Contracts and Staff Handbook

It’s not enough to rely on generic or outdated policies. As employment law evolves, update your staff contracts and handbook to ensure your approach to bereavement pay and leave stays compliant.

• Employment contracts should state entitlements and refer to the staff handbook for more detail.
• The staff handbook can provide more flexibility - so you can update your leave policy without rewriting every contract.

If you haven’t reviewed your employment terms in a while, it may be time for a legal health check - especially if you’re growing your team or taking on new types of staff.

Best Practice Tips For UK Employers

• Follow the statutory minimums but look for opportunities to offer support that reflects your company culture.
• Communicate clearly and regularly about leave rights so staff know what to expect in difficult times.
• Train managers on how to apply the policy fairly and sensitively, avoiding inconsistency or unintentional discrimination.
• Align your approach with overall company values and broader best practice in staff wellbeing.

Key Takeaways

• Bereavement pay in the UK is only mandatory for parental bereavement leave; other bereavements require reasonable unpaid leave at minimum, unless your contracts say otherwise.
• You must follow the law on minimum bereavement leave - two weeks for parental bereavement, and “reasonable” unpaid time for other dependants.
• Have a clear, written policy to avoid disputes and ensure everyone is treated fairly and consistently.
• Communicate your policy and train managers so they understand legal requirements and handle cases with sensitivity.
• Regularly review your policies and employment documents as employment law around bereavement pay and leave changes.
• Consider seeking legal advice to ensure your contracts, handbook, and payroll are all compliant and up to date.

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If you’d like support putting together a compliant bereavement pay and leave policy, or revising your employment contracts, we’re here to help. You can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat about your needs.