Parental Bereavement Leave and Pay: The Rules Under Jack’s Law

Sometimes called Jack’s Law, parental bereavement leave is deliberately built with the loosest notice rules in employment law, because no one plans for it. The entitlement, the flexible timing, and who counts as a bereaved parent.

Who qualifies

• Parents of a child under 18 who dies - biological, adoptive, and parents in surrogacy arrangements
• Those with day-to-day care of the child in their home for the previous 4 weeks (kinship and informal carers), where no parent lived there
• Parents who suffer a stillbirth after 24 weeks of pregnancy - the mother additionally retains full maternity leave and pay rights in that case
• Partners of any of the above who share the care

The leave and how it can be taken

The pay

Statutory Parental Bereavement Pay follows the standard family-pay tests: 26 weeks of continuous service at the date of death and average earnings of at least £129 a week, paying £194.32 a week or 90% of earnings if lower. Claim through your employer within 28 days of each week taken; a short written declaration replaces any evidence requirement - no death certificate is needed.

Interactions with other leave

The 2 weeks sit alongside everything else: a mother on maternity leave after a stillbirth adds parental bereavement leave at the end of it; a father can take paternity leave (the right survives the child’s death) and bereavement leave; and where a mother dies rather than a child, the separate Bereaved Partner’s Paternity Leave applies instead. Dismissal or detriment for taking the leave is automatically unfair from day one.

Related guides

This article provides general information only and is not legal or financial advice. Employment rights depend on your contract, employment status and circumstances. For advice on a specific situation, contact ACAS on 0300 123 1100 or a solicitor regulated by the SRA. Figures relate to the 2026/27 tax year and are verified against GOV.UK at the review date; always confirm current rates on GOV.UK before acting.

Frequently asked questions

How much is parental bereavement pay in 2026?

£194.32 a week or 90% of average weekly earnings if lower, for up to 2 weeks, for those meeting the 26-week service and £129 earnings tests. The leave itself needs no service at all.

Does parental bereavement leave apply to stillbirth?

Yes, for stillbirths after 24 weeks of pregnancy - and the mother keeps her full maternity leave and pay entitlement in addition.

Can I split the two weeks?

Yes, into two separate one-week blocks, taken any time within 56 weeks of the death - including around the first anniversary.

Do I need to give notice or show a death certificate?

In the first 8 weeks after the death, no advance notice is required - inform your employer before you would start work that day. No death certificate is ever required; a brief written declaration supports the pay claim.

Does it apply to miscarriage before 24 weeks?

The statutory right currently starts at 24 weeks. Earlier losses rely on sick leave, compassionate leave policies and employer discretion - though reform in this area has been consulted on.

Can grandparents or kinship carers qualify?

Yes, where the child lived with them and they provided day-to-day care in their home for the 4 weeks before the death, and no parent lived there.

Sources

• GOV.UK: Statutory Parental Bereavement Pay and Leave
• GOV.UK: Benefit and pension rates 2026 to 2027
• ACAS: Time off for bereavement