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.

About this article

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.

About this article

Read, listen and watch our latest insights

art
  • 08 July 2025
  • Corporate and M&A

Share buybacks and what to do when they are void!

A share buyback is when a company purchases its own shares from a shareholder. However, for a limited company to successfully purchase its own shares, it must comply with Part 18 of the Companies Act (CA) 2006.

art
  • 07 July 2025
  • Commercial Real Estate

Climate change risks in property transactions

Climate change is starting to affect our lives to a greater extent than experienced before. Extreme weather events such as floods, droughts and heatwaves are becoming a frequent occurrence.

art
  • 04 July 2025
  • Employment

Update: The ‘Employment Rights Bill Implementation Roadmap’

The Employment Rights Bill is a draft law which is poised to expand the rights of employees, signifying a major overhaul in employment law. The ERB has already been passed by the House of Commons and is currently at the ‘Report Stage’ in the House of Lords.

Pub
  • 03 July 2025
  • Corporate and M&A

Get your tech business market ready for sale

In our latest podcast, join Stuart Mullins and Nicky Goringe Larkin to learn how to maximise your tech business value and get your tech business market ready for sale.

art
  • 03 July 2025
  • Immigration

Major Changes to the Immigration Rules from 1 July 2025: What Employers and Visa Holders Need to Know

We outline the key updates, how they affect employers and visa holders—particularly those on the Skilled Worker and Global Business Mobility (GBM) routes—and how our team can assist you in staying compliant and ahead of policy changes.

art
  • 02 July 2025
  • Employment

Day One Rights: What the New UK Employment Bill Means for You and Your Workplace

Let’s unpack what’s changing in the UK Employments Rights Bill, and why it matters, and what both employees and employers should expect.