Parental Bereavement Leave & Pay UK 2026 — Jack’s Law Explained
Since April 2020, Jack’s Law gives bereaved parents the right to at least 2 weeks’ leave following the death of a child under 18, or a stillbirth after 24 weeks of pregnancy. Eligible parents may also receive Statutory Parental Bereavement Pay of £194.32/week (2026/27). This guide explains who qualifies, how to take leave, and how to claim pay.
Jack’s Law (April 2020): 2 weeks’ leave on death of child under 18 or stillbirth after 24 weeks. Day-one right — no service requirement for leave. SPBP £194.32/week (2026/27): requires 26 weeks service and earnings above £123/week. Leave must be taken within 56 weeks of the death. Free support: Child Bereavement UK (0800 028 8840), Sands (stillbirth/neonatal) 0808 164 3332.
Who Qualifies for Parental Bereavement Leave?
Jack’s Law covers a wider group than just biological parents:
- The child’s biological parent (including where the child was adopted by others)
- An adoptive parent
- An intended parent in a surrogacy arrangement
- The partner of any of the above, if they lived with the child
- A person with whom the child lived but who does not have parental responsibility (in some circumstances)
- Foster parents (in some qualifying circumstances)
The leave applies to the death of any child under 18, or a stillbirth at or after 24 weeks of pregnancy. Pregnancy loss before 24 weeks does not fall under Jack’s Law, though employers may have compassionate leave policies and there are other legal protections (miscarriage leave under the Employment Rights Act, as amended).
Statutory Parental Bereavement Pay (SPBP) 2026/27
| Eligibility | Requirement |
|---|---|
| Service | 26 continuous weeks with current employer, ending with the week before the child’s death |
| Earnings | Average weekly earnings of at least £123/week (Lower Earnings Limit) |
| Rate | £194.32/week (2026/27) or 90% of average weekly earnings if lower |
| Duration | Up to 2 weeks (matching the leave entitlement) |
| Employer reclaim | Employer pays SPBP and reclaims from HMRC (like SMP/SSP) |
Other Support for Bereaved Parents
Beyond the statutory rights, bereaved parents may also be entitled to:
- Compassionate leave — most employers have policies allowing additional leave, often unpaid. Check your contract and staff handbook.
- Statutory Sick Pay (SSP) — if grief affects your ability to work and your GP certifies you as unfit, SSP at £123.25/week (2026/27) may be payable.
- Employee Assistance Programme (EAP) — many employers provide free confidential counselling through an EAP. Check with HR.
- Child Benefit — continuation — Child Benefit continues for 8 weeks after a child’s death; contact HMRC Child Benefit helpline.
How to Notify Your Employer and Claim SPBP
There's no requirement to notify your employer in writing or use a specific form to take Parental Bereavement Leave — you can tell them verbally in the first instance, though it's sensible to follow up with something in writing (even a brief email) once you're able to, confirming the dates you're taking. Unlike many other statutory leave entitlements, Parental Bereavement Leave requires very little advance notice — you can take it with immediate effect for the first 56 days after the child's death, recognising that grief doesn't allow for the usual notice periods that apply to planned leave. To receive Statutory Parental Bereavement Pay rather than just unpaid leave, you'll need to meet the standard continuous employment and earnings conditions, and your employer will typically ask you to confirm the child's date of death and your relationship to them, though they cannot require intrusive levels of proof beyond what's reasonably needed to process the claim.
Support Beyond Statutory Entitlements
Several charities specialise in supporting bereaved parents through both the practical and emotional aspects of loss, and can be a valuable resource alongside your statutory workplace rights. Child Bereavement UK and Cruse Bereavement Support both offer free guidance and counselling for bereaved parents, and organisations like The Compassionate Friends provide peer support specifically from other parents who have experienced the loss of a child. If your employer offers an Employee Assistance Programme, it's worth using it even if you're unsure whether counselling is "for you" — many EAPs offer a small number of free sessions with no obligation to continue, which can be a low-pressure way to access support during an extremely difficult time.
Frequently Asked Questions
Jack’s Law does not cover pregnancy loss before 24 weeks. However, the Employment Rights Act was amended to give some protection for miscarriage leave, and many employers have their own policies. You may be entitled to time off under compassionate leave, sick leave (if medically certified), or maternity-related leave in some circumstances. The government has consulted on extending statutory rights to earlier pregnancy losses — check for updates. Free support: Miscarriage Association (01924 200799).
No. Statutory Parental Bereavement Leave is a separate right and does not reduce your annual leave entitlement. You should continue to accrue statutory holiday during bereavement leave. If your employer tries to deduct the bereavement leave from your holiday entitlement, this is unlawful and you should raise a grievance.
Yes — you can take Parental Bereavement Leave as one continuous two-week block, or as two separate one-week blocks taken at different points within the 56-day window following the child's death. This flexibility recognises that grief doesn't always follow a predictable pattern, and some parents find it more manageable to take time immediately after the death and then a further period around, for example, the funeral or another significant point in the following weeks.
Parental Bereavement Leave applies to the loss of a child under 18, and stillbirth (loss after 24 weeks of pregnancy) is covered under this entitlement, treated in the same way as the loss of a living child for these purposes. Pregnancy loss before 24 weeks is not covered by Parental Bereavement Leave specifically, though separate protections around sick leave, and increasingly enhanced employer policies, may still apply — this is covered in more detail in the FAQ above on pregnancy loss before 24 weeks.