In the screen sector, work often involves irregular hours, project-based contracts, and high-pressure deadlines. Bereavement can make it impossible to meet these demands, and the loss of income or employment security can exacerbate stress at a crucial time. Bereavement leave empowers individuals with the ability to step away from work, providing time to grieve and to manage any caring responsibilities for their family. 

Individuals are only entitled to statutory bereavement leave if they are classed as an employee. Employees have this right from day one of employment. Individuals classed as workers do not qualify for statutory bereavement leave unless they meet this legal definition.  

Freelancers are not entitled to statutory bereavement leave and must therefore rely on contractual terms and industry discretion. In the screen sector, where businesses often depend heavily on freelance talent, this can create practical challenges. Unexpected bereavement may affect production schedules and require rapid resourcing or contractual adjustments. 

Check the legal definition of an employee. Or check here.  

Paternity leave was designed to allow an employee to spend time with their new child or partner and did not include any specific provisions for bereavement. Under this framework, eligible employees may decide to take either one or two weeks of leave, which can be taken consecutively or as two separate weeks. 

Before December 2025, bereavement leave that fell outside the scope of statutory parental bereavement leave was dealt with under the rules on time off for dependents. Existing guidance therefore considers the death of a dependent, which could be: a spouse, civil partner, child, parent, person who lives in the individual’s household or a person reliant on them.  

Where a dependent who is not someone’s child dies, the law does not specify how much time can be taken off. Employees are entitled to a reasonable amount of time off to take necessary action under section 57A of the Employment Rights Act 1996.  

Employers can provide guidance in their policy on what they consider reasonable, to help employees plan and manage absences. 

Section 57A, incorporating the January 2026 updates, continues to apply until future legal changes. 

From 29 December 2025, key changes to paternity leave came into force under the Paternity Leave (Bereavement) Act 2024 (the PLB Act). The PLB Act recognises a devastating experience faced by families: the death of a mother or adopter during childbirth, or within the first year after birth or adoption. 

Key Changes from the PLB Act  

• removes the previous 26-week minimum service requirement, so employees are eligible for leave on day one.  

• taking shared parental leave will no longer block access to bereavement-related paternity leave. 

While the initial scope of these changes is limited, wider reforms under the Employment Rights Act (ERA) 2025 are expected for April 2026, when the ERA will formally incorporate these changes.  

Further reforms are expected once additional regulations are made, including:  

• allowing leave in cases where both the mother or adopter and child die; 

• allowing leave in adoption cases, where the adopter dies and the child dies, or is returned; 

• the option to work short periods during leave without ending it; and 

• extended redundancy protection following bereavement leave. 

Leave in these circumstances may eventually increase from the standard two weeks to up to 52 weeks on or after April 2026. This is being considered under the draft Bereaved Partner’s Paternity Leave Regulations 2026, which currently require the approval of both Houses of Parliament. These future Regulations will also set conditions for entitlement, notice and employment protections. 

Employees can take time off for:  

• the death of a child under the age of 18  

• the death of a baby who dies shortly after birth  

• a stillbirth after 24’ weeks pregnancy 

• an abortion at 24’ weeks pregnancy  

Eligible parents who are employees have the right to two weeks leave. This leave can be taken in the 56 weeks following the child’s death.  

Bizarrely, eligible parents who are employees or workers have the right to Statutory Parental Bereavement Pay (SPBP), despite workers not being entitled to leave.  

Parental bereavement leave – who is eligible  

• birth parents 

• natural parents  

• adoptive parents  

• person who lived with and had responsibility for the child for four weeks before they died 

• ‘intended’ parents 

• Partner of the child’s parent if they live in an enduring family relationship  

Eligible parents who are employees or workers have the right to two weeks’ Statutory Parental Bereavement Pay (SPBP), if:  

• They are entitled to leave  

• They were employed when their child died 

• They have satisfied the minimum service requirement of at least 26 weeks 

• They earn on average at least £125 per week, before tax.  

Notice: Employees or workers must ask for SPBP within 28 days from taking leave.  

SPBP – Payments  

Employees or workers will get either £187.18 a week or 90% of their average weekly earnings, whichever is lower.  

Even with the introduction of the PLB Act, there is no automatic right to paid bereavement leave. While service requirements have been removed for bereavement leave, they still apply to bereavement pay. For those working in the screen sector on short-term or project-based contracts, this means many may qualify for leave but not for pay, leaving a significant financial gap.  

Freelancers and contractors in the screen sector also remain largely without adequate statutory protection, as they are excluded from bereavement leave entitlements and must rely on contractual terms or the discretion of businesses.  

Further reform is expected. A new, standalone right to statutory bereavement leave is due to be introduced in 2027. However, it is not yet known whether this will be paid or unpaid leave. Until the detail is confirmed, uncertainty will remain for both businesses and screen sector workers when planning cover, contracts and budgets.