Skip to main content

News story

December 1, 2018

Parental bereavement (leave and pay)

On 13 September 2018, a new workplace right to paid leave for bereaved parents was implemented.

This new entitlement is expected to come into force in 2020 and will give all employed parents a right to two weeks’ leave if they lose a child under the age of 18 or suffer a stillbirth from 24 weeks of pregnancy.

In the past, there was no legal right to paid leave, and it fell to the discretion of the employer.

Employed parents will be able to claim statutory parental bereavement pay for the period of leave if they meet the eligibility criteria.

In summary, the qualifying criteria for statutory bereavement pay is similar to that of statutory paternity pay. The employee must:

  • be a bereaved parent;
  • be employed continuously for at least 26 weeks, ending with the week immediately before the one in which the child died; and
  • have received normal weekly earnings for the period of eight weeks ending the week immediately before the one in which the child died (subject to limitations).

The new parental bereavement leave must be taken within 56 days of the date of the child’s death.

Employees currently have the right to take a reasonable amount of unpaid time off work to make arrangements following the death of a child (or any dependant). Usually, the amount of time off would be limited to a day or two at most, apart from exceptional circumstances.

This change in the law is, therefore, a first in the UK and reflects support for parents dealing with the tragedy of losing a child.

Coping with grief in the workplace is difficult for both the employee and employer, and it is hoped that the new right will afford a small amount of grace that did not previously exist.

Small employers should be able to recover such payments from the Government, with larger employers being able to recover the bulk of it.

If you’ve been affected by any of the issues in this article, speak to employment lawyer Karen Cole today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Completion and post-completion steps in a sale: Final steps for sellers
    A guide to completion and post completion steps in a corporate sale including exchange, stamp duty, Companies House filings and key administrative requirements.


    Read more
  • How to protect your brand: A beginner’s guide
    Trademark protection for businesses explained, including how to register a trademark in England and Wales and the key steps to protect your brand.


    Read more
  • Inheritance Act claims and letters of wishes: Managing risk in estate planning
    This article explains who can bring a claim, the strict time limits involved, and the risks for executors and beneficiaries. It also explores how a carefully drafted Letter of Wishes can provide valuable context, demonstrate intention, and help reduc


    Read more
  • Confusion as Companies House rolls out identity checks for directors 
    Company directors are being urged to familiarise themselves with new identity verification requirements being introduced by Companies House, as confusion is reported around how and when the checks must be completed.


    Read more
  • Transactional documents in a corporate sale: What sellers should know
    Once due diligence is complete and terms are agreed, the focus turns to negotiating the transactional documents that underpin a share or asset sale. This guide explains the purpose of the key documents involved in business acquisitions and why carefu


    Read more

What they say...

  • Laura Kelly, February 2026
    Review of legal guidance received “I recently worked with Patrick Simpson on my settlement agreement. Patrick guided me through every stage with exceptional care and diligence. He kept the process moving efficiently, always updating me promptly

  • Prasanna Sooriakumaran, February 2026
    “Really good, especially at dealing with the company that tried to overplay their hand. I highly recommend.”

  • Sharla Munian, February 2026
    Outstanding Legal Support and a Brilliant Result “I cannot recommend RIAA Barker Gillette highly enough. My solicitor supported me throughout a very challenging property litigation matter, and thanks to her expertise, dedication, and strategic

  • Client, February 2026
    Very good service in disagreement with architect “RIAA assisted me in a conflict I had with my architect, who wanted to overcharge me. The end result was satisfactory, with invoices reasonable despite being slightly higher than expected!”

  • Sharla Munian, February 2026
    Outstanding Solicitor Who Delivered the Outcome I Hoped For “After a number of years navigating a complex financial settlement following my separation, my solicitor has been incredible from start to finish. Their professionalism, patience, and

Read more
Send this to a friend