UK Statutory Bereavement Leave 2026 — 1 Week Day-1 Right, £187.18/week

Reviewed by Alex Morgan · Updated April 2026 · New ERB right live April 2026

What's new in April 2026

Until now, UK employees who lose a parent, spouse, sibling, or grandparent had no statutory right to paid time off. The Time Off for Dependants right (s.57A ERA 1996) covers a "reasonable" amount of unpaid time for emergencies including a dependant's death — but this is unpaid, narrowly defined, and rarely sufficient for funeral arrangements, estate administration and basic recovery. Employers were free to offer paid compassionate leave above this floor but had no legal obligation.

The Employment Rights Bill 2024 closes that gap. From April 2026, every employee has a statutory right to 1 week paid leave at the SMP/SPP rate (£187.18 for 2026/27) on the death of a close family member. It is a day-1 right, requires no qualifying service, and runs alongside existing rights for parental bereavement, annual leave, and contractual compassionate-leave schemes.

The two bereavement-leave regimes side by side

Regime	Triggered by	Duration	Pay	Qualifying period
Parental Bereavement Leave (existing, 2020+)	Death of own child under 18, or stillbirth after 24 weeks	2 weeks	£187.18/week (SPBP) or 90% of earnings	Day 1 for leave; 26 weeks for pay
Statutory Bereavement Leave (NEW April 2026)	Death of close family member (broader)	1 week	£187.18/week or 90% of earnings	Day 1 for both leave and pay

A parent losing a young child triggers the existing 2-week Parental Bereavement Leave (which is more generous). A spouse losing their partner, or an adult child losing a parent, triggers the new 1-week Statutory Bereavement Leave. The two cannot be combined for the same death — but a tragedy involving multiple family deaths can give rise to entitlement under both regimes for separate deaths.

Who counts as a "close family member"

The definition is being finalised in secondary legislation but the government has signalled the leave will cover the death of:

Spouse or civil partner
Cohabiting partner of 2+ years
Parent or step-parent
Parent-in-law (or partner's parent)
Child over 18 (under 18 falls under PBL)
Step-child
Sibling or step-sibling
Grandparent
Grandchild
Person for whom the employee has caring responsibility (final scope under consultation)

Aunts, uncles, cousins and friends are not currently within scope — though employers may offer broader compassionate leave contractually. The relationship must exist at the time of death (you cannot retrospectively claim for a deceased ex-spouse where the marriage had ended).

How to take the leave

Notify your employer as soon as reasonably practicable — usually a phone call to your line manager + HR system entry. Written confirmation should follow within a few days.
State the basis: that you are claiming Statutory Bereavement Leave, the relationship of the deceased, and the dates you intend to be off.
Take the leave within 56 days of the death (final regulations to be confirmed) — not necessarily continuous; can be split into separate single days for funeral, registration, estate appointments etc.
Provide evidence if reasonably requested — most employers will not ask for a death certificate, but it can be requested in cases of doubt.
Pay processed on next payroll — the employer pays SBP/SBL and recovers the cost via the same mechanism as SMP recovery (small employers can reclaim 103%; large employers 92%).

Contractual compassionate leave — what employers usually do

Most professional UK employers already offer compassionate-leave schemes that exceed the new statutory minimum. Common patterns I see in 2026:

Large corporates / professional services: 1-2 weeks at full pay for spouse/parent/child deaths, 3-5 days for siblings/grandparents.
NHS / civil service: Up to 5 days paid bereavement leave at manager's discretion (Whitley Council terms).
Public-sector teaching: 3-5 days at full pay typically; varies by local authority.
SMEs (under 50 employees): Often 1-3 days at full pay, with the new statutory 1 week as the floor from April 2026.
Hospitality / retail / gig economy: Historically ad-hoc unpaid time off; the new statutory week is a meaningful uplift.

Where contractual policy is silent, the new statutory 1 week applies. Where contractual policy gives more than 1 week at full pay, that wins (the contract operates instead of, not on top of, the statutory floor). Employers cannot offer less than the statutory minimum.

Bereavement Support Payment (separate, DWP)

Bereavement Support Payment (BSP) is a separate state benefit administered by DWP — not employer-paid. It goes to the surviving spouse, civil partner or (since February 2024) cohabiting partner with children, on the death of a partner. Two rates:

Higher rate (with children): £3,500 lump sum + £350/month for 18 months = total £9,800.
Standard rate (no children): £2,500 lump sum + £100/month for 18 months = total £4,300.

BSP is non-taxable, doesn't affect other benefit entitlements, and runs alongside any employer leave/pay. Apply via gov.uk within 12 months for the lump sum (3 months for the full monthly payments). Statutory Bereavement Leave from your employer and BSP from DWP are independent — claim both where eligible.