UK Government to offer bereavement leave after failed IVF transfers

The UK Government has announced plans to give employees in Great Britain a legal right to bereavement leave following pregnancy loss, including miscarriage and unsuccessful IVF embryo transfers.

From April 2027, employees who experience a pregnancy loss before 24 weeks, including an unsuccessful IVF embryo transfer, will be entitled to up to two weeks of unpaid leave. This will also apply to the person's partner, the other biological parent (if different from the partner), and, in cases of surrogacy, the intended parents. Current law in Great Britain only gives a right to bereavement leave to parents who lose a child under 18 or whose child is stillborn after 24 weeks of pregnancy.

'No one should have to fight for time to grieve,' said Minister for the Future of Work Kate Dearden, announcing the new policy. 'These changes back people going through some of the hardest moments of life, whoever they are and wherever they work.'

The measures are part of wider law reforms aiming to recognise the need for time off work after bereavements. These will include loss of a person's spouse or partner, as well as parents, siblings and adult children. Modern family forms will also be recognised, including foster parents, half-siblings and stepfamilies.

The expansion of bereavement leave was part of the Employment Rights Act 2025, and was followed by a Government consultation about precisely who should qualify, the results of which were published alongside the recent announcement.

The consultation also considered other forms of fertility treatment, including failed IUI and IVF treatment in which no embryo is available for transfer. The report concludes: 'The Government recognises that these circumstances may result in grief. However, they do not fall under the scope of the primary legislation and so cannot be included'.

This is because in the Employment Rights Act 'pregnancy loss' is defined as: '(a) the ending of a pregnancy after less than twenty-four weeks of pregnancy in any way other than by a live birth, or (b) the failure of an embryo to become implanted following a transfer carried out in the course of providing treatment services within the meaning of the Human Fertilisation and Embryology Act 1990.'

The announcement has highlighted that, although some employers offer paid time off for bereavement, the legal entitlement remains unpaid.

'This is an important step in recognising pregnancy loss as a bereavement and the profound impact it can have, and we hope will provide a baseline for employers to go further,' said Vicki Robinson, chief executive of Miscarriage UK. She added: 'We still strongly believe bereavement leave should be paid.'

Kate Etheridge, an employment solicitor at Birketts, told Personnel Today: 'Although the entitlement is to unpaid time off, it is likely to raise expectations around workplace support and may encourage employers to consider whether they are in a position to offer enhanced paid provision as part of their wider wellbeing and retention strategy.'