Time off after a child dies

If someone's child dies, their employer should be compassionate and supportive.

If a child dies under the age of 18 or there's a pregnancy loss

Some parents have a right to 2 weeks paid time off if their child dies under the age of 18. They might also have the right to time off if they have a pregnancy loss. The time off is called parental bereavement leave. It's also known as 'Jack's Law'.

Eligible parents also have the right to unpaid time off if their child dies under the age of 18. This leave is called time off for dependants.

If someone is not eligible to take these types of leave:

• they might be able to get parental bereavement pay
• their employer should support them as much as they can – this could include agreeing another type of time off work

Read more about:

• parental bereavement leave and pay
• time off for dependants
• stillbirth or miscarriage

If an employee is on adoption leave when their child dies

If an employee is on adoption leave and their newly adopted child dies, their leave will end 8 weeks after the end of the week in which the child dies.

In this situation an employer should support the employee and their partner with care, in a way that acknowledges the death.

If an employee is on shared parental leave when their child dies

If an employee is on shared parental leave when their child dies they can still take the leave in full. They can reduce the length of the leave or cancel it if they want to.

To do this, they must give:

• at least 8 weeks' notice of the new end date
• 8 weeks' notice to cancel a period of leave they have not yet started

If an employee's child dies after they have given a 'notice of entitlement' to take shared parental leave, they can take the leave they have already booked.

If they have not yet given a notice of entitlement when their child dies, they cannot book a period of shared parental leave.

Find out more about shared parental leave and pay

If an employee is on neonatal care leave when their child dies

If an employee is on neonatal care leave when their child dies they can still take the leave in full. This is in addition to parental bereavement leave.

Neonatal care leave needs to be used within 68 weeks. Parental bereavement leave needs to be used within 56 weeks. Both types of leave cannot be taken at the same time as another type of statutory leave.

This means a mother, birth parent or primary adopter will need to take any maternity or adoption leave first. They could then take their parental bereavement leave and finally any accrued neonatal leave.

A father or partner who has already given notice for paternity leave will take paternity leave first. They could then take their parental bereavement leave within 56 weeks and any accrued neonatal leave within 68 weeks.

Find out more about managing neonatal care leave

If an employee's child is over 18

If an employee's child dies over the age of 18, the employee might have the right to paid or unpaid time off.

For example, they might be entitled to:

• time off for dependants
• time off under their contract – this might be written in the organisation's absence policy or bereavement policy, if they have one
• use their holiday entitlement for an amount of paid time off
• take sick leave – they might also be entitled to sick pay

Support after the death of a child

If someone needs support at work, it can help to talk with their manager. They can agree together what support or adjustments might be possible. Support is also available from specialist organisations.

Find out more about:

• getting support after a death – for people who've experienced a bereavement
• supporting someone after a death – advice for employers

Example of support at work

Drew's second child dies at 3 weeks old. Drew returns to work after parental bereavement leave. But they're often late and make mistakes.

Drew's manager Billie ignores this for several weeks, not wanting to put pressure on Drew. Eventually Billie decides to have an informal chat to find out how Drew is feeling.

Drew explains that the family is struggling to cope with the death. Drew's older child is refusing to get ready for school. This means Drew is late for work and starts the day stressed.

Billie agrees that Drew will start and finish work an hour later. This means Drew can start work on time and in a better state of mind. Billie realises that having this conversation earlier would have been better.

Contact the Acas helpline

If you have any questions, you can contact the Acas helpline.