Search

How can we help?

Icon

Parental Bereavement Pay and Leave – new laws as of April 2020

As of 6th April 2020, new laws will come into force giving employees the right to both parental bereavement leave and pay. The law, better known to the public as ‘Jack’s Law’, will grant employees who have lost a child under the age of 18 or have suffered a stillbirth after 24 weeks of pregnancy the right to 2 weeks’ statutory leave and statutory parental bereavement pay.

Bereavement Leave:

There is no minimum length of service needed in order for an employee to take the statutory leave. The relevant employee need only be the parent of a deceased child. The term parent includes: an adoptive parent, a prospective adopter, an intended parent under a surrogacy arrangement, a parent “in fact” (someone looking after the child in that person’s own home for the last four weeks), or that person’s partner. Paid carers are not included within the definition. Bereaved parents may take leave for 1 week, for 2 consecutive weeks or for 2 separate weeks and this leave may start on any day of the week.

It has been decided that the leave may be taken anytime in the first 56 weeks after the death or stillbirth of the child. The reasoning behind this seems to be to allow bereaved parents to take one of the weeks off around the anniversary of their child’s death if they so wish.

It is important for employers to note that employees who chose to exercise their right to bereavement leave are protected from dismissal or detriment for doing so.

New laws will come into force giving employees the right to both parental bereavement leave and pay.

Bereavement Pay:

The criteria which need to be fulfilled in order for an employee to qualify for statutory parental bereavement pay are slightly more stringent. Apart from meeting the definition of “parent”, as set out above, the employee must also have at least six months’ continuous service and must have normal weekly earnings of at least the lower earnings limit (currently £118 per week). Provided they meet the eligibility criteria, employees will receive pay at the same rate as statutory paternity pay or shared parental pay. As with parental bereavement leave, parental bereavement pay is available either for one or two weeks and can start on any day of the week. Employees should note however that it is not payable during a week in which they carry out any work for their employer.

Where more than one child of an employee has died or been stillborn, the employee is entitled to a separate period of leave and, subject to meeting the qualification criteria above, a separate right to pay in respect of each child.

For further details of the new law, please refer to the Draft Parental Bereavement Leave Regulations 2020 and Draft Statutory Parental Bereavement Pay (General) Regulations 2020.

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
  • 18 December 2025
  • Employment

Employment Law: Looking back at 2025 and what to expect in 2026

2025 has certainly been an interesting year for employment law. While the Employment Rights Bill has pulled much of the focus since it was introduced in October 2024, there have been other important updates this year as well.

art
  • 18 December 2025
  • Corporate and M&A

Deal Announcement: Clarkslegal’s corporate lawyers advise on the sale of Chatterbox Labs Limited to subsidiary of American tech giant

Clarkslegal’s corporate team, led by Senior Consultant Jon Chapman and supported by Senior Solicitor Emma Docking, advised the founders of Chatterbox Labs Limited on the sale of the AI security specialist to Red Hat, Inc., a wholly owned subsidiary of IBM.

art
  • 16 December 2025
  • Employment

Christmas Parties – Festive Fun or a New Year Hangover?

It’s Christmas party season! The office party is often a mixed blessing – an opportunity to boost morale and perhaps celebrate a successful year yet also a melting pot of workers letting their hair down, with potential for accidents, injuries, threats and claims.

art
  • 10 December 2025
  • Privacy and Data Protection

The 12 Data Protection Mistakes of Christmas

As the festive season approaches, it is not just last-minute shopping and office parties that can catch organisations off guard; data protection slip-ups are just as common.

Pub
  • 04 December 2025
  • Immigration

UK Immigration: What to expect in 2026 for employers

Join our UK immigration specialists, Ruth Karimatsenga and Monica Mastropasqua, as they explore the key updates and how they affect your business in 2026.

Pub
  • 04 December 2025
  • Corporate and M&A

Autumn Budget 2025 Breakdown: Key takeaways for business buyers and sellers

Join Stuart Mullins and Nicky Goringe Larkin as they delve into the key updates from the Chancellor’s announcement, with a focus on what matters most for businesses looking to buy and sell.