Parental Bereavement Leave UK: Your Rights Under Jack's Law

Losing a child is every parent's worst nightmare. Since April 2020, Jack's Law guarantees employed parents in England, Wales, and Scotland a statutory right to two weeks of bereavement leave — regardless of how long they've worked for their employer. Yet many parents don't know this right exists, and some employers still get it wrong.

What Is Jack's Law?

The Parental Bereavement (Leave and Pay) Act 2018 — known as Jack's Law after Jack Herd, whose mother campaigned for the legislation — gives eligible employees the right to:

• Two weeks of leave following the death of a child under 18, or a stillbirth after 24 weeks of pregnancy
• Statutory Parental Bereavement Pay for employees who meet the qualifying conditions

The leave can be taken as a single block of two weeks, or as two separate one-week blocks at different times within the first 56 weeks after the child's death.

Who Qualifies?

For leave (day-one right): Any employee qualifies from their first day of employment. There's no minimum service requirement. You don't need to provide evidence of the death before taking the leave — just inform your employer that you need it.

For pay: You must have been continuously employed for at least 26 weeks before the week of the child's death, and you must earn at least the lower earnings limit (£125 per week for 2026/27).

If you don't qualify for statutory pay, you still get the two weeks of leave — but it's unpaid unless your employer offers an enhanced bereavement policy.

How Much Is Parental Bereavement Pay?

For the 2026/27 tax year, Statutory Parental Bereavement Pay is the lesser of:

• £194.32 per week, or
• 90% of your average weekly earnings

If your usual weekly pay exceeds £194.32, you'll receive the flat rate. Some employers top this up to full pay as part of their own bereavement policies — check your employment contract or staff handbook.

Who Counts as a "Parent"?

The definition is deliberately broad. You qualify if, at the time of the child's death, you were:

• The child's biological parent
• The child's adoptive parent
• The intended parent under a surrogacy arrangement
• The partner of the child's parent (including unmarried partners living together)
• A "parent in fact" — someone who had day-to-day care and responsibility for the child for at least four continuous weeks before the death

This means step-parents, long-term foster carers who've had a child placed with them for at least four weeks, and other primary caregivers can all qualify.

How to Request Leave

You don't need to give advance notice for your first week of leave — you can take it immediately. For the second week (if taken separately), you should give your employer notice as soon as reasonably practical.

Your notice can be verbal. You don't need to put it in writing, though doing so creates a record. You need to tell your employer:

• The date the child died
• The date you want your leave to start
• Whether you're taking one week or two

Your employer cannot refuse the request. Parental bereavement leave is a statutory right, not something granted at your manager's discretion.

Employment Protection

While on parental bereavement leave, you're protected against:

• Dismissal or selection for redundancy because of your bereavement leave
• Detrimental treatment for exercising your right to leave
• Any pressure not to take the leave you're entitled to

If you believe your employer has penalised you for taking bereavement leave, you may have grounds for an employment tribunal claim.

Beyond the Statutory Minimum

Two weeks is the legal minimum, and many grief experts would say it's not enough. Some employers offer additional paid bereavement leave beyond the statutory entitlement. Others provide access to employee assistance programmes, counselling, or flexible working arrangements during the months after a child's death.

If you need more time off than the statutory two weeks, discuss options with your employer — they may agree to additional leave (paid or unpaid), adjusted duties, or a phased return to work.

The England Survivor Benefits Navigator covers all bereavement-related employment rights and financial support available to families after the death of a child.

See more England guides →