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
  • 12 May 2026
  • Immigration

Supplementary Employment: When is it Allowed under UK Immigration Rules?

This article provides a guidance to understanding the rules on supplementary employment in the UK.

Pub
  • 11 May 2026
  • Immigration

How to prepare for Sponsor Licence Compliance in 2026: Essential tips for UK employers

Join immigration experts Ruth Karimatsenga and Monica Mastropasqua for an in-depth podcast discussion on sponsor licence compliance in 2026.

Pub
  • 07 May 2026
  • Employment

Employment Rights Act 2025: Key Changes for Employers

Join Katie Glendinning and Lucy White for a live webinar as they break down the key changes introduced by the Employment Rights Act 2025, offering clear insights into what these reforms mean in practice for employers and HR professionals.

art
  • 07 May 2026
  • Public Procurement

What the First Procurement Act 2023 Judgment Means for Automatic Suspension

It has been more than a year since the Procurement Act 2023 (PA23) came into force in February 2025, and the long wait for the first High Court judgment on the Act to be published is finally over.

art
  • 06 May 2026
  • Corporate and M&A

Community Interest Companies – What do you need to know?

This article seeks to provide an overview of the CIC structure’s key characteristics, the types of enterprises it suits, and some practical tips on the application process.

art
  • 06 May 2026
  • Privacy and Data Protection

Use of Personal Devices at Work: Why a Bring Your Own Device Policy is Essential

If you have employees who bring their own devices into the workplace and use said devices to deal with company data, you may want to consider a Bring Your Own Device (“BYOD”) policy.