7. If someone dies
If a parent or child dies, it can affect shared parental leave.
Employers should:
- help employees understand what leave they can take
- be supportive and sensitive to what employees need
If the birth parent or primary adopter dies
To use shared parental leave, birth parents or primary adopters give notice to end maternity or adoption leave early.
If the birth parent or primary adopter dies, the surviving parent can still use shared parental leave and pay. They must meet the eligibility criteria.
The amount of leave and pay they're entitled to depends on whether the birth parent or primary adopter dies:
- before notice to end maternity or adoption leave
- after notice to end maternity or adoption leave
Before notice to end maternity or adoption leave
The surviving parent is entitled to 52 weeks' leave less the number of weeks maternity or adoption leave already taken.
The same applies to the 39 weeks' statutory maternity or adoption pay or maternity allowance.
For example, a birth parent dies 4 weeks into maternity leave. They had not given their employer notice to end maternity leave. Their partner is eligible for shared parental leave and pay. They can use the remaining 48 weeks of leave and 35 weeks of pay as shared parental leave and pay.
It might not be possible for the surviving parent to give either:
- 8 weeks' notice of entitlement
- notice to book the first period of their leave
In this situation, as soon as possible they must:
- tell their employer they're entitled to shared parental leave and pay
- tell their employer the date the birth parent or primary adopter died
- book their first period of leave and pay
If the parent wants separate blocks of shared parental leave later, they must give 8 weeks' notice.
After notice to end maternity or adoption leave
The surviving parent gets any remaining shared parental leave and pay available to the couple. This includes any leave and pay the birth parent or primary adopter was going to take.
As soon as possible, they must tell their employer:
- about any additional weeks of shared parental leave and pay they're entitled to
- the date the birth parent or primary adopter died
Bereaved partner's paternity leave
The surviving parent might also be eligible for bereaved partner's paternity leave. This leave allows some fathers and partners time off work, if their partner dies.
If they're eligible, they can add bereaved partner's paternity leave to shared parental leave.
Find out more about bereaved partner's paternity leave
If the partner dies
To use shared parental leave, birth parents or primary adopters give notice to end maternity or adoption leave early.
If their partner dies, the birth parent or primary adopter might be able to use either:
- shared parental leave and pay
- maternity or adoption leave and pay
The type of leave and pay they can use depends on whether their partner dies:
- before notice to end maternity or adoption leave
- after notice to end maternity or adoption leave
Before notice to end maternity or adoption leave
The birth parent or primary adopter stays on the leave and pay they were on. This will be either maternity or adoption leave and pay, or maternity allowance.
For example, a mother is on maternity leave. They planned to end maternity leave early so that their partner could take shared parental leave. Their partner dies before the mother gives notice to end maternity leave. The mother stays on maternity leave.
After notice to end maternity or adoption leave
The birth partner or primary adopter can either:
- continue with shared parental leave and pay
- withdraw their shared parental leave notice
Continuing with shared parental leave and pay
The birth parent or primary adopter might choose to continue with shared parental leave and pay. For example, so they can take separate blocks of leave with periods of work in-between.
In this situation, the birth partner or primary adopter gets any untaken leave and pay available to the couple.
As soon as possible, they must tell their employer:
- about any additional weeks of shared parental leave and pay they are entitled to
- the date of their partner's death
Withdrawing shared parental leave notice
The birth parent or primary adopter might choose to withdraw their shared parental leave notice. This means they stay on maternity or adoption leave and pay or maternity allowance.
They can only do this if either:
- they have not returned to work yet
- the date they told their employer they want maternity or adoption leave and pay to end has not passed
Their partner might have taken some shared parental leave and pay before they died. This does not affect the birth parent or primary adopter's maternity or adoption leave and pay, or maternity allowance.
For example, Jo's on adoption leave. Their partner dies 3 weeks before the date Jo told their employer they wanted adoption leave to end. Jo withdraws the notice and stays on adoption leave and pay.
If the child dies
The parents can still take the shared parental leave and pay they've booked.
They can also either:
- decide to take less shared parental leave
- change discontinuous leave into one block of continuous leave
The employer might ask for 8 weeks' notice before the employee returns to work.
Parents cannot book any new blocks of shared parental leave.
Parents cannot apply for shared parental leave and pay after the death of a child. The birth parent can still get maternity leave or adoption leave, if they're eligible. The partner could still be eligible for paternity leave.
Parents might also be entitled to parental bereavement leave.
Supporting employees
If their child or partner dies, it might be difficult for an employee to tell their employer. The employer should allow someone else to tell them. For example, the employee's family member or friend.
This is likely to be a difficult and upsetting time. The person's employer should support them as much as they can.
Find out more about supporting someone after a death
Get more advice and support
Employees can get help and support from the following organisations:
- Bliss – support and information for parents after a baby has died
- Child Bereavement UK – bereavement support for children, young people and families
- Cruse Bereavement Support – advice on coping with a death
- Hospice UK – help talking about dying, death and bereavement
- Mind – mental health information and support
- Sands – support for anyone affected by pregnancy loss or baby loss
- Sue Ryder – advice on coping with a death