Parental Bereavement Leave and Pay UK 2026: Jack's Law Explained
Parental Bereavement Leave gives parents 2 weeks off if their child dies under 18, or is stillborn after 24 weeks of pregnancy — a day-one right, with statutory pay for those with enough service. Here's how it works.
Background: Jack's Law
Parental Bereavement Leave (and Pay) came into force in April 2020, commonly known as "Jack's Law" after a campaign led by a bereaved mother. It created, for the first time, a specific statutory right to time off work following the death of a child, recognising that ordinary compassionate leave (which is not itself a fixed statutory right in the same way) left many bereaved parents without clear, guaranteed protection.
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The right applies where:
- A person's child dies under the age of 18, or
- A stillbirth occurs after 24 completed weeks of pregnancy.
Who counts as a "parent"
| Relationship | Covered? |
|---|---|
| Biological parent | Yes |
| Adoptive parent | Yes |
| Partner of the child's parent, living in the same household | Yes |
| Parent through a parental order (surrogacy) | Yes |
| Kinship carer with day-to-day responsibility for the child | Yes |
Leave entitlement — a day-one right
Unlike many statutory family leave rights, the right to take Parental Bereavement Leave itself has no minimum length of service requirement — it applies from an employee's very first day of employment.
| Feature | Detail |
|---|---|
| Length of leave | 2 weeks |
| Can it be split? | Yes — as two separate 1-week blocks |
| Window to take the leave | Any time within 56 weeks of the child's death |
| Minimum service for the leave itself | None — day-one right |
Statutory Parental Bereavement Pay
While the leave itself is a day-one right, Statutory Parental Bereavement Pay (SPBP) does require the employee to meet standard qualifying conditions, similar to other statutory family pay:
| Condition | Requirement |
|---|---|
| Continuous service | At least 26 weeks by the relevant qualifying period |
| Average earnings | At or above the Lower Earnings Limit (£129/week for 2026/27) |
| Pay rate | Lower of 90% of average weekly earnings or £194.32/week (2026/27) |
| Maximum paid weeks | 2 weeks |
If an employee doesn't meet the service or earnings test, they can still take the unpaid leave, since the right to take the time off itself is unconditional on service length.
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Recognising that grief doesn't follow a fixed schedule, and that practical matters (funeral arrangements, inquests, or simply needing time later rather than immediately) vary hugely between families, the leave can be taken:
- All at once, as a continuous 2-week block, or
- Split into two separate 1-week blocks, and
- At any point within 56 weeks of the child's death — not necessarily starting straight away.
What's not covered
- Stillbirth before 24 weeks of pregnancy is not covered by this specific statutory right (miscarriage generally falls outside this framework, though the loss is, of course, no less significant — this is a frequent point of campaigning for reform).
- The death of another close family member (a partner, parent, sibling, or grandparent) is not covered by this specific right, though many employers provide discretionary compassionate leave for a broader range of bereavements.
How this interacts with other leave
If the deceased child was very young, other family leave the parent was already using (maternity, paternity, adoption, shared parental, or neonatal care leave) may run alongside or interact with the timing of the bereavement leave — specific rules govern how these leave types combine, so it's worth checking gov.uk guidance or getting HR/legal advice for a specific situation.
Practical tips for employers and employees
- Employees don't need to have worked any minimum length of time to take the 2 weeks of leave — only the pay element has a service test.
- Employees can decide when to take the leave within the 56-week window — employers shouldn't assume it must be taken immediately.
- Check whether your employer offers enhanced (fully paid, or longer) bereavement leave on top of the statutory minimum, since many organisations do.
Use the sick pay calculator and maternity pay calculator as reference points for how statutory weekly rates compare across different types of family-related statutory pay.
Frequently asked questions
What is Parental Bereavement Leave?
Parental Bereavement Leave, sometimes called Jack's Law, gives employed parents the right to 2 weeks off work if their child dies under the age of 18, or if their baby is stillborn after 24 weeks of pregnancy. It's a day-one right, with no minimum length of service required to take the leave itself.
How much is Statutory Parental Bereavement Pay in 2026/27?
Statutory Parental Bereavement Pay is paid at the lower of 90% of average weekly earnings or the standard statutory weekly rate of £194.32 for 2026/27, for up to 2 weeks, provided the 26-week continuous service and earnings tests are met.
Who counts as a 'parent' for Parental Bereavement Leave?
The definition is broad and includes biological parents, adoptive parents, the partner of the child's parent living in the same household, and others who had day-to-day responsibility for the child, such as a kinship carer or a parent through a parental order following surrogacy.
Can the 2 weeks be taken separately, or must it be one block?
The 2 weeks can be taken as a single block of 2 weeks, or as two separate blocks of 1 week each, and can be taken at any point within 56 weeks of the child's death, giving parents flexibility to use the leave when they need it most, not just immediately.
Do I get Parental Bereavement Leave if my baby is stillborn before 24 weeks of pregnancy?
No, the statutory right specifically applies to stillbirths from 24 weeks of pregnancy onwards. Earlier pregnancy loss is not covered by this specific right, though many employers offer discretionary compassionate leave and some campaigns have called for this threshold to be reviewed.
Is Parental Bereavement Leave in addition to compassionate leave my employer might offer?
It's a statutory minimum — many employers offer more generous compassionate bereavement leave and pay on top of, or instead of, the statutory entitlement, so always check your employer's specific policy alongside the statutory right.
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Related reading
Paternity Leave Reform 2026: The Proposals to Extend Pay and Leave
The Employment Rights Bill and government review are set to reshape paternity leave — from a day-one right to take leave, to proposals for longer paid leave. Here's where things stand in 2026.
Surrogacy and Parental Order Leave/Pay UK 2026: What Intended Parents Get
Intended parents through surrogacy can access adoption-style leave and pay once they apply for a parental order — here's how eligibility, notice, and pay work, and where the gaps are.
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