Parental Bereavement Leave and Pay

The right to parental bereavement leave applies to employees (not workers or self-employed people) from their first day of employment — there is no qualifying period for the leave itself, only for the statutory pay. The right covers a wide definition of "parent":

• A biological parent (whether or not they were the child's main carer)
• An adoptive parent who has been notified of the match with the child
• The intended parent in a surrogacy arrangement where a parental order has been applied for
• A parent's partner (including a civil partner or cohabiting partner) who has a family relationship with the child
• A foster parent (approved foster carer) who had day-to-day responsibility for the child
• A legal guardian

The right is triggered by the death of a child under the age of 18, or by a stillbirth at or after 24 weeks of pregnancy. There is no right to parental bereavement leave for the death of a baby before 24 weeks of pregnancy — in that case, some employers offer compassionate leave policies, but there is no statutory right.

There is no limit on the number of children whose death can trigger the right — if a bereaved parent loses more than one child, they have the right to 2 weeks' leave per child. The leave right applies separately to each parent in a couple — both parents can take their 2 weeks at the same time or at different times within the 56-week window.

One of the most important features of Jack's Law is the 56-week window during which the leave can be taken. Unlike most statutory leave rights that must be taken immediately after the triggering event, parental bereavement leave can be taken at any point within 56 weeks of the child's death. This means:

• A parent can take one week of leave immediately around the time of death and the funeral
• Then take the second week later — for example, around the child's birthday, on the anniversary of the death, or at any other point that feels significant
• Or the parent can take both weeks together at any point within the 56-week period

The minimum unit of leave that can be taken at any one time is one week. You cannot take parental bereavement leave on a day-by-day basis — each block must be at least one week. So the maximum flexibility is two separate one-week blocks at different times within the 56 weeks.

To take parental bereavement leave, you must give your employer notice. Where possible, notice should be given before the leave starts, but you can give notice on the day you start the leave if this is not possible given the circumstances. You do not need to provide a death certificate or other formal evidence to take the leave, though your employer may ask for this later in connection with statutory pay. Your employer cannot require you to postpone the leave.

Employees who qualify for the leave right are entitled to Statutory Parental Bereavement Pay (SPBP) during the two weeks of leave, subject to meeting additional qualifying conditions. SPBP is paid at the standard statutory rate — in 2025/26 this is £194.32 per week, or 90% of your average weekly earnings if this is lower than the flat rate.

To qualify for SPBP, you must:

• Have at least 26 weeks' continuous employment with your current employer as at the week before the child's death
• Earn on average at least the Lower Earnings Limit for National Insurance (£123 per week in 2025/26)

If you do not meet these qualifying conditions, you are still entitled to take the two weeks of unpaid parental bereavement leave — the leave right itself has no qualifying period. Employees who meet the qualifying conditions for pay but whose employer unlawfully fails to pay SPBP can claim the money back from their employer, and HMRC can also step in to pay SPBP in some cases.

Statutory Parental Bereavement Pay is treated as earnings for tax and National Insurance purposes. Your employer claims it back from HMRC in the same way as other statutory payments such as Statutory Sick Pay and Statutory Maternity Pay. Some employers offer enhanced contractual bereavement pay on top of the statutory rate — check your employment contract or staff handbook.

The law provides important protections for employees who take parental bereavement leave. It is automatically unfair dismissal to dismiss an employee because they took, sought to take, or were believed to be going to take parental bereavement leave. This protection applies from day one of employment — you do not need two years' service to bring an automatic unfair dismissal claim on this basis.

Detriment short of dismissal is also prohibited — your employer cannot subject you to any detriment (such as demotion, reduction in hours, disciplinary action, or negative performance review) because you exercised or sought to exercise your right to parental bereavement leave.

After taking parental bereavement leave, you have the right to return to your old job on terms no less favourable than before you left. This includes returning to the same role, salary, and seniority — your employer cannot use your absence as an opportunity to change your duties or reduce your pay or status on your return.

If your employer refuses to allow you to take parental bereavement leave, fails to pay SPBP, or subjects you to a detriment, you can:

• Raise an internal grievance
• Contact Acas for advice (0300 123 1100) and consider Early Conciliation
• Bring a claim to the Employment Tribunal — for detriment claims within 3 months less one day of the detriment; for unfair dismissal claims within 3 months less one day of the effective date of termination