The right ("Jack's Law")
The Parental Bereavement (Leave and Pay) Act 2018 — known as Jack's Law — gives bereaved parents the right to take 2 weeks of leave following the death of a child under 18, or a stillbirth from 24 weeks of pregnancy. It came into force on 6 April 2020.
It is a day-one right — no qualifying period for leave.
Who qualifies
You qualify if you are:
- A biological, adoptive, or intended parent (surrogacy) of the child; or
- The partner of the child's parent living with the child and parent in an enduring family relationship.
How to take it
- 2 weeks of leave (you can take a single block of 2 weeks or two separate 1-week blocks).
- Within 56 weeks of the death (was 8 weeks until April 2020; extended for flexibility).
- Notice: short — you can take it immediately following the death; for later weeks, give at least one week's notice.
Statutory Parental Bereavement Pay (SPBP)
If you have 26 weeks' continuous service by the week before the death and earn at least the Lower Earnings Limit, you're entitled to SPBP at:
- £187.18/week from 6 April 2025; or 90% of average weekly earnings if lower.
Paid at the same time and in the same way as normal pay.
Protection from dismissal + detriment
It is automatically unfair to dismiss an employee for taking or proposing to take Parental Bereavement Leave (s.99 ERA 1996, as amended). Detriment for taking the leave is also unlawful (s.47C ERA 1996). No qualifying period for the protection.
Interaction with other leave
- You can take Parental Bereavement Leave after maternity, paternity or shared parental leave.
- Compassionate leave under your contract is separate — Parental Bereavement Leave is in addition.
- Carer's Leave is for a dependant with a long-term care need, separate from bereavement.
What to do
Written notice to your employer specifying the dates is enough. Ask HR for clarity on contractual bereavement pay on top of statutory. If refused or pressured, raise a grievance under the ACAS Code, and tribunal within 3 months less one day.