Search

How can we help?

Icon

Key Parental Bereavement Questions

The Parental Bereavement (Pay and Leave) Act, which received Royal Assent earlier this year, is expected to come into force in 2020.

The Act introduces a new statutory right to time off work for employed parents following the loss of a child, enabling the parent to grieve and easing recovery. Those who lose a child who was under the age of 18 can expect a minimum of two weeks leave.

Whilst the announcement of the Act was met with a positive response, some were quick to question the Act’s application and the stringent requirements that might be placed on both parents and employers. In response to such concerns the government undertook public consultation earlier this year. This week they published their findings and we have outlined below the key changes arising from the consultation.

Who is a ‘bereaved parent’?

The Act’s original focus was on ‘parents’ only. However, recognising that this is not a simple definition, the focus will now be on the those who have a relationship with a child that could be seen as ‘parental in nature’ i.e. adopters, foster parents, guardians, kinship carers and others which, prior to this consultation, might have been excluded.

How and when can leave be taken?

Before the consultation, the two week minimum leave had to be taken within the 8 week period following the death of the child (either as a single block or two separate blocks). Identifying that grief is wholly individualistic, this has now been extended to a period of 56 weeks following the death of the child. This allows for greater flexibility and the opportunity to take leave at the first anniversary of the child’s death if they so choose.

The Act introduces a new statutory right to time off work for employed parents following the loss of a child, enabling the parent to grieve and easing recovery. Those who lose a child who was under the age of 18 can expect a minimum of two weeks leave.

What notice period is required?

The need for immediacy in such emotionally delicate situations has the potential to lead to employee/employer complications. Following the consultation, the government has sought to accommodate the often unpredictable nature of death and a two tiered approach has been mooted and likely to be introduced, although further details on this are yet to be confirmed. If leave is taken very soon after death an informal form of notification is likely to be seen as sufficient. However, when taken after the initial period, a notice period of around one week will be the minimum requirement.

What evidence should be provided?

This is perhaps the most emotionally testing of the questions. As above, the government has recognised that it is often not simple or practical to produce evidence of the death of a child, especially taking into account the emotional stresses and burden. At the time of writing this, the government is hoping to mirror the process followed in other forms of family leave, in that the employer can, if they choose, request a written declaration. However, no such declaration will be required of the parent if taking time to grieve in the immediate period following the death of their child.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 02 April 2026
  • Commercial Real Estate

Can I have access to a neighbour’s land to carry out works to my property?

As a landowner, maintaining and repairing your property is important. It may be the case that to do so, you will need to access the land of a neighbour.

art
  • 01 April 2026
  • Privacy and Data Protection

Recognising DSARs: top tips for organisations

The UK GDPR grants Data Subjects, who are the individuals to whom the personal data relates, rights over their personal data, including the rights of access, correction and erasure.

art
  • 30 March 2026
  • Employment

Legislative Changes – What Employers Need to Know for April 2026

With the phased implementation of the Employment Rights Act 2025 (ERA), alongside other legislative updates, April 2026 brings a wide range of important changes for employers.

Pub
  • 27 March 2026
  • Corporate and M&A

Shareholder Disputes: What to do when disputes arise – Episode 4

Join Stuart Mullins and Jack Hobbs for episode four of our Shareholder Disputes podcast series as they confront the realities of shareholder fallouts and share practical strategies for managing these complex situations.

art
  • 24 March 2026
  • Immigration

Spouse Visa – Is your relationship genuine and subsisting?

For years many couples have become frustrated by the requirements for a spouse visa as the rules and guidance are difficult to understand. A significant amount of applications are rejected on the basis of the applicant not providing the adequate documents to evidence the relationship requirement.

art
  • 20 March 2026
  • Corporate and M&A

Drag-Along & Tag-Along Rights: Why Every Company Needs Them

When starting a company, very few founders are aware of the potential issues around shares, share ownership and the implications of that when selling their company.