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
  • 19 August 2026
  • Employment

Managing employee redundancies: Frequently asked questions (FAQs)

Redundancy should be an employer’s last option when restructuring their business. There are necessary steps that should be taken to ensure that redundancy is the best move forward

art
  • 18 August 2026
  • Immigration

Home Office curtailment of Sponsored Workers’ permission: Why employers and employees must act quickly

The Home Office has recently changed the speed at which it processes sponsor notifications following the end of a sponsored worker’s employment.

art
  • 13 August 2026
  • Employment

ACAS Draft New Code on Disciplinary and Grievance Procedures

ACAS have published a draft Code on 30 July 2026, which will replace the 2015 ACAS Code on disciplinary and grievance procedures when the Code is finalised at the end of September 2026.

art
  • 12 August 2026
  • Corporate and M&A

EMIs – April 2026 changes explained

On 6 April 2026 the Enterprise Management Incentive scheme (EMI) was expanded to make EMIs accessible to a wider range of businesses.

art
  • 06 August 2026
  • Privacy and Data Protection

The rise of the AI-powered individual: Is your business ready?

Artificial intelligence is changing the data protection landscape, but perhaps not in the way many organisations expected. Much of the discussion has centred on businesses adopting AI and ensuring they comply with the UK GDPR.

Pub
  • 06 August 2026
  • Employment

Employment law changes in 2026: What you need to know

With ongoing changes to UK employment law, staying updated is more challenging than ever. Join Monica Atwal and Harry Berryman for a live webinar covering 2026 HR changes and key employment law updates on Thursday 17 September.