Parental Bereavement Leave (Jack’s law)

Employed parents are entitled to two weeks’ bereavement leave following the death of a child. This article is a guide to Parental Bereavement Leave and how to take it.

What is Bereavement Leave?

Eligible parents have the right to take up to two weeks of Parental Bereavement Leave (if they are an employee) and Parental Bereavement Pay (if they are an employee or worker and meet certain eligibility requirements).

Employers may offer more than the statutory minimum leave and pay. You should check your employment contract or your employer’s policy on parental bereavement leave to see if it is more generous than the statutory scheme.

Who can take Parental Bereavement Leave?

Parents have the right to take Parental Bereavement Leave if they are an employee and their child dies under the age of 18 or is stillborn after 24 weeks of pregnancy. Parental Bereavement Leave is available to adoptive parents, guardians and foster parents as well as natural/biological parents and the partners of any of these types of parents.

Employees have this right from the day they start their job. Parental Bereavement Leave must be taken in the 56 weeks following their child’s death. In the tragedy of experiencing the death of more than one child, you are entitled to two weeks Parental Bereavement Leave and pay for each child.

If you are not an employee (for example because you are self-employed, an agency worker or a worker) you are not entitled to statutory Parental Bereavement Leave, but you may still be entitled to statutory pay for any time you take off following the death of your child.

Who can receive Parental Bereavement Pay?

Parents are entitled to two weeks of Parental Bereavement Pay if they:

• were employed when their child died:
• worked for their employer for at least 26 weeks on the Saturday before their child’s death, and
• earn on average at least £123 per week (gross) (note that this earnings figure can change in April each year).

Parental Bereavement Pay is paid at the flat rate set by the Government (£184.03 from 6 April 2024) or 90% of average weekly earnings, whichever is lowest.

How to take Parental Bereavement Leave and Pay

Parents can choose to take either one or two weeks of leave and/or pay. The weeks can be taken at different times or in a single block of two weeks and can start on any day of the week. The leave must start and end within 56 weeks of the date of their child’s death and must normally be taken in full weeks.

Employers cannot refuse, postpone or amend the dates chosen by the employee.

To take Parental Bereavement Leave, you must give your employer notice confirming the date of your child’s death (or stillbirth), the date on which you want to start Parental Bereavement Leave, and whether you want to take one or two weeks.  The notice does not need to be in writing for leave purposes, unless the employer requests it, but it is helpful to do so (for example by email). However, the notice does need to be in writing if you want to claim Parental Bereavement Pay.

The rules for giving notice for Bereavement Leave depend on how much time has passed since the child’s death (see below).

Other types of leave you might find useful

You may also be entitled to a reasonable amount of unpaid time off to care for dependents.

In the tragic event your child is stillborn after 24 weeks of pregnancy, or after birth, you will still be entitled to take any maternity, paternity or adoption leave and that you had planned to take. Shared Parental Leave may also be available to you.

For more details please see our related advice pages:
Maternity Leave
Paternity Leave
Adoption Leave
Shared Parental Leave

See also the Acas Guidance on Time off work for bereavement.

Further support

If you have lost a child and need help or support that is not employment-rights related, please contact SANDS or Samaritans for help.

This advice applies in England, Wales and Scotland. If you live in another part of the UK, the law may differ. Please call our helpline for more details. If you are in Northern Ireland you can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.

If you have further questions and would like to contact our advice team please use our advice contact form below or call us.

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