News / Events
PayPacket Limited,
2nd Floor,
The Hub,
40 Friar Lane,
Nottingham.
NG1 6DQ.
Company Registered in England & Wales.
Reg. No. 5592310
If you employ a Personal Assistant (PA) through a Direct Payment, an important change to employment law is on the horizon. The Government has confirmed plans to introduce a new statutory right to bereavement leave, giving employees protected time off following the death of a loved one or pregnancy loss. This is expected to come into force in April 2027.
While many Direct Payment employers already take a flexible and compassionate approach when a PA experiences a bereavement, these changes will create a legal minimum entitlement that all employers must provide.
Being a Direct Payment employer is different from running a business.
Most Direct Payment employers are individuals, parents, or family members arranging care and support for themselves or a loved one. Managing employment responsibilities can already be challenging, particularly when continuity of care is essential.
The new bereavement leave rights mean that if your PA experiences a qualifying bereavement, they will be legally entitled to take time away from work. While supporting your employee through a difficult period is important, it is equally important to understand how these changes may affect care arrangements and contingency planning.
The new right will apply when an employee loses a close family member, including:
The Government’s intention is to recognise modern family relationships and ensure that employees have time to grieve those closest to them.
One of the most significant changes is the inclusion of pregnancy loss before 24 weeks.
Currently, statutory bereavement leave only applies in limited circumstances involving the loss of a child or stillbirth after 24 weeks. Under the new rules, protected leave will extend to losses occurring earlier in pregnancy.
The right is expected to cover:
Importantly, the entitlement is not limited to the person who experienced the pregnancy loss. Partners, intended parents and others with a recognised parental connection may also qualify.
Employees will be entitled to up to two weeks’ bereavement leave.
For most Personal Assistants, this will equate to their normal working pattern. For example:
The leave is expected to be unpaid unless you choose to offer pay during the absence.
For many Direct Payment employers, the practical impact may be less about the cost of leave itself and more about arranging alternative care and support during the employee’s absence.
The Government has recognised that bereavement is often unexpected and distressing, so the notice requirements for taking leave will be deliberately straightforward.
Where a Personal Assistant wishes to take bereavement leave within the first eight weeks following the death or pregnancy loss, they will simply need to let you know before their normal start time on the day they are due to work, or as soon as reasonably practicable afterwards.
For Direct Payment employers, this means you may receive very little advance notice that your employee will be absent. It is therefore important to have contingency arrangements in place wherever possible, particularly if you rely on a single PA to provide essential support.
If an employee chooses to take some of their bereavement leave later, for example to attend an inquest, mark an anniversary, or on an expected due date following pregnancy loss, they will need to provide at least one week’s notice.
The employee will not have to use a particular method of communication. A phone call, voicemail, text message, email or other agreed method of contact will be sufficient.
A key feature of the proposed legislation is flexibility.
Employees will be able to take their leave:
This means a PA may take some leave immediately following a bereavement and save additional days for events such as a funeral, inquest, anniversary or other significant date.
While this flexibility is positive for employees, Direct Payment employers should be aware that absences may not always occur immediately after the event.
The Government has indicated that employers will not be able to require formal evidence to support a request for bereavement leave.
This means you should not ask your employee to provide:
The aim is to reduce the administrative burden and avoid placing additional stress on bereaved employees.
For Direct Payment employers, the combination of:
means that workforce planning may become more important than ever.
While most employers will want to support their PA through a period of grief, consideration should also be given to how care and support needs will continue to be met during any absence. Having a back-up support plan, agency arrangements, family assistance or a relief PA identified in advance can help avoid disruption if bereavement leave is required at short notice.
Although the changes are not expected until 2027, it is worth preparing now.
You should:
Many local authorities and support organisations already encourage Direct Payment employers to have a back-up care plan in place. These changes highlight why such planning is so important.
No. The new statutory entitlement is expected to be unpaid. However, as the employer, you can choose to offer paid bereavement leave if you wish.
No. Under the proposed rules, employers will not be able to require evidence before granting statutory bereavement leave.
Yes. Employees will be able to take bereavement leave in single-day increments rather than as one continuous period.
Yes. Leave can be taken at any point within 56 weeks of the bereavement, provided the required notice is given where applicable.
If leave is taken within the first eight weeks after the bereavement, the employee only needs to notify you before their shift starts, or as soon as reasonably practicable afterwards.
For leave taken later in the 56-week period, at least one week’s notice must be provided.
Your employee’s entitlement to bereavement leave does not remove your care needs. If you need alternative support, you should speak to your Direct Payment support service, local authority or any agency arrangements you have in place.
Yes. The new bereavement leave entitlement is expected to be a day-one employment right, meaning employees will not need a qualifying period of service before becoming eligible.
Most Direct Payment employers develop close and trusting working relationships with their Personal Assistants. When a bereavement occurs, compassion is often the natural response.
The new statutory entitlement aims to ensure that all employees receive a minimum level of protection during difficult times while giving employers clear rules to follow.
For Direct Payment employers, the best approach is to understand the new requirements early, review employment arrangements and ensure alternative care plans are available should a Personal Assistant need time away from work.
PayPacket supports Direct Payment employers across the UK with payroll, pension administration and employment-related guidance, helping individuals meet their responsibilities as employers while focusing on the care and support that matters most.