An employee may be eligible for Parental Bereavement Leave and Statutory Parental Bereavement Pay if they or their partner either:
- has a child who has died under 18 years old
- had a stillbirth after 24 weeks of pregnancy
The death or stillbirth must have happened on or after 6 April 2020.
Statutory Parental Bereavement Leave
An employee can take 2 weeks’ leave from the first day of their employment for each child who has died or was stillborn.
They can choose to take:
- 2 weeks together
- 2 separate weeks of leave
- only one week of leave
- can start on or after the date of the death or stillbirth
- must finish within 56 weeks of the date of the death or stillbirth
Taking leave with other types of statutory leave
If the employee was on another type of statutory leave when the death or stillbirth happened, Parental Bereavement Leave must start after that other leave has ended. This includes if the statutory leave is for another child.
If an employee’s Parental Bereavement Leave is interrupted by the start of another type of statutory leave, they can take their remaining entitlement to Parental Bereavement Leave after that other leave has ended.
The remaining Parental Bereavement Leave must still be taken within 56 weeks of the date of death or stillbirth.
Parental Bereavement Leave can be taken between blocks of shared parental leave which had already been booked when the child died, even if the shared parental leave is for another child.
Statutory Parental Bereavement Pay
Statutory Parental Bereavement Pay for an eligible employee is either £151.20 a week or 90% of their average weekly earnings (whichever is lower). Tax and National Insurance need to be deducted.
Some employment types, like agency workers, directors and educational workers, have different rules for entitlement.
Your company can offer more leave and pay but you can only recover 2 weeks’ payment for each employee and for each death.
You should make sure your Parental Bereavement Leave and Statutory Parental Bereavement Pay policies are clear and easily accessible to staff.
An employee’s rights (like the right to pay rises, holidays and returning to a job) are protected during Parental Bereavement Leave.
You still have to pay Statutory Parental Bereavement Pay even if you stop trading.