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
  • 29 April 2026
  • Privacy and Data Protection

UK Data Protection – what’s new?

Having come into force on 19 June 2025, it comes as no surprise that we are now seeing the effects of the Data (Use and Access) Act 2025 (‘DUAA’). This article highlights a few of DUAA’s fundamental reforms, delves into one in particular, and examines how this will impact the recruitment sphere.

art
  • 28 April 2026
  • Immigration

Proposed expansion of right to work checks from 1 October 2026: what employers need to know

The Home Office has published a consultation on a draft Code of Practice addressing how employers can avoid unlawful discrimination while preventing illegal working. The draft indicates a planned expansion of right to work (RTW) check obligations to take effect from 1 October 2026.

Pub
  • 27 April 2026
  • Corporate and M&A

Quarterly Insights: Key Corporate & Commercial Topics – Q2 2026

Join Stuart Mullins and Emma Docking as they explore key corporate and commercial topics, including SME growth and exit strategies for 2026, EMI schemes for employee incentives, and the importance of drag along and tag along rights.

art
  • 22 April 2026
  • Commercial Real Estate

Historic rent reviews: A warning for tenants

We have been asked whether a landlord is able to operate historic rent reviews. 

art
  • 14 April 2026
  • Employment

Updates to Vento Bands 2026: Injury to feelings awards

For discrimination and detriment cases, compensation can also cover non-financial losses, which, in most cases, will include an injury to feelings award.

art
  • 13 April 2026
  • Litigation and dispute resolution

Renters’ Rights Act coming into force on 1 May 2026

The long-awaited Renters’ Rights Act 2025 (RRA) comes into force on 1 May 2026, bringing the biggest changes to the private rental sector since the 1980s. So what do landlords need to know about what is changing?