Leave
Statutory parental bereavement leave allows some parents 2 weeks of paid leave if their child dies. They might also have this right if they have a pregnancy loss.
Someone who's not eligible to take leave might still get parental bereavement pay.
How the leave works
Parental bereavement leave is time off following:
- the death of a child under the age of 18
- the death of a baby who only lives for a short time after birth – this can be at any stage of pregnancy
- a stillbirth after 24 weeks' pregnancy
- an abortion after 24 weeks – this can happen in limited circumstances if the mother's life is at risk or the baby would be born with a severe disability
An employee can choose to take either 1 or 2 weeks' leave.
If they take 2 weeks, this can be taken in one go, or as 2 separate weeks. For example, they could take 1 week immediately after the death, and take the other week later on.
The leave must end within 56 weeks of the child's death. The first day of the 56 weeks is the date of the child's death.
If more than one child dies, the employee is entitled to 2 weeks' parental bereavement leave for each child.
This leave is paid. Find out about parental bereavement pay.
Enhanced parental bereavement leave
2 weeks' leave is the legal minimum an employer must give. Some employers offer more. This can be called 'enhanced' or 'contractual' parental bereavement leave.
Who can take this leave
This right applies to the:
- birth parent
- natural parent – someone who gave birth to a child who is adopted, and has a court order to allow them access to the child
- adoptive parent, if the child was living with them
- person who lived with the child and had responsibility for them, for at least 4 weeks before they died
- 'intended parent' – due to become the legal parent through surrogacy
- partner of the child's parent, if they live with the child and the child's parent in an enduring family relationship
Anyone taking this leave must also have the legal status of employee.
Someone is not likely to be an employee if they're:
- an agency worker
- a casual worker
- on a zero-hours contract
Employees have this right from the day they start their job.
If someone is not eligible for leave
Someone who's not eligible for this type of leave might still be entitled to parental bereavement pay.
They might be able to take another type of leave. Their employer should talk with them. They should agree together what time off they can take.
Adding to other types of leave
A parent might be able to take time off for dependants. They can add this on to parental bereavement leave, to take more time off.
They might also be eligible for other types of leave for:
- the child who has died
- another child they've had
For the child who has died
A parent can still take any leave they're entitled to for the child who's died. This includes:
- maternity leave
- paternity leave
- adoption leave
- neonatal care leave
- shared parental leave
For example, George's child dies at 3 days old. George finishes their 2 weeks of paternity leave. Then takes 2 weeks of parental bereavement leave.
For another child
If an employee is due to take leave for another child, their parental bereavement leave ends when their new leave starts.
This applies when someone is taking:
- maternity leave
- paternity leave
- adoption leave
- shared parental leave
They can take any remaining statutory parental bereavement leave after the other leave. In this case, they must:
- take the parental bereavement leave in one block
- take the parental bereavement leave within 56 weeks of the child's death
- give the right notice
Giving notice and starting leave
To give notice, the employee must tell their employer:
- when they want the parental bereavement leave to start
- whether they want to take 1 or 2 weeks' leave
- the date their child died
The law says this notice does not have to be in writing. However, it's a good idea to put it in writing, so everyone is clear. For example, in a letter or email.
Employees can give notice for their leave and pay in one document.
The rules for giving notice depend on how long it's been since their child died.
Taking leave in the first 8 weeks
If it's within 8 weeks (56 days) of their child dying, an employee can start their leave as soon as they give notice.
They must tell their employer before they start their leave. This can be on the first day of leave as long it's before they're due to start work.
If they start work then give notice to start leave straight away, statutory parental bereavement leave must start the following day.
They can also cancel the leave, as long as they tell their employer before their leave starts. This can be on the day their leave is due to start, as long it's before they're usually due to start work. Any cancelled leave can be taken later by giving notice again.
Taking leave after the first 8 weeks
If an employee takes leave more than 8 weeks (56 days) after their child dies, they must give their employer 1 week's notice:
- to take the leave
- if they want to cancel the leave
They can take cancelled leave later by giving notice again.
Returning to work
If an employee takes parental bereavement leave only, they have the right to return to the same job.
Combining parental bereavement leave with another type of leave
Someone might take parental bereavement leave after another type of leave. For example maternity, adoption, ordinary parental or shared parental leave. Their right to return to the same job might be different.
If you need more information on the right to return to work, contact the Acas helpline.
Supporting someone's return to work
It's important for the person's employer to support them after the death. This includes when they return to work.
Find out more about supporting someone after a death
If there's a stillbirth or miscarriage
If a child is stillborn after 24 weeks of pregnancy:
- the birth mother can get up to 52 weeks of statutory maternity leave or pay
- the birth father or partner can get up to 2 weeks of paternity leave or pay
They can take 2 weeks of parental bereavement leave after their maternity or paternity leave.
Find out more about time off work after a stillbirth or miscarriage
Get more advice and support
Find more advice and support on:
If you have questions about parental bereavement leave, you can contact the Acas helpline.