What leave can I take if my child dies?

Jack's Law gives a bereaved parent a fortnight, claimable with almost no formality and usable at any point in the following year — including around an inquest or an anniversary. Northern Ireland has gone further and now covers earlier pregnancy loss.

Difficulty: beginner
Time: 10 min
Read: 4 min
Safety: caution

Short answer

Employees have a day-one right to two weeks of Parental Bereavement Leave following the death of a child under 18, or a stillbirth after 24 weeks of pregnancy. It can be taken as one block, two separate weeks, or a single week, at any point in the 56 weeks after the death. Statutory Parental Bereavement Pay needs 26 weeks' service and earnings at or above the lower earnings limit. Northern Ireland has extended its scheme further, including to earlier pregnancy loss.

The right exists because until 2020 there was nothing at all, and bereaved parents were relying on an employer's goodwill at the worst moment of their lives. It is deliberately built to be claimed without effort: in the first eight weeks you can simply not come in, telling your employer before you would normally have started that day, and no evidence of the death can be demanded.

Safety

This guide sets out an employment entitlement only. If you are grieving and struggling, Cruse Bereavement Support, Sands and Child Bereavement UK offer free help, and your GP can refer you. There is no correct amount of time and nothing here is a suggestion about what you should need.

Step by step

Check the entitlement applies.It covers the death of a child under 18, and a stillbirth after 24 weeks of pregnancy. In Great Britain it does not currently cover pregnancy loss before 24 weeks. It applies to parents, adopters, intended parents in a surrogacy arrangement, and partners of a parent living with the child.
Know it is a day-one right.No qualifying service is required for the leave. Statutory Parental Bereavement Pay is separate and needs 26 weeks' continuous service plus average earnings at or above the lower earnings limit.
Take it in the shape that suits you.Two consecutive weeks, two separate single weeks, or just one week. It is taken in whole weeks rather than days.
Use the 56-week window.It must all be taken within 56 weeks of the death or the stillbirth. Many parents take one week immediately and one around an anniversary or an inquest.
Give the notice, which is deliberately minimal.In the first eight weeks, tell your employer before you would normally have started work that day. From week nine to week 56, give one week's notice. Notice can be given verbally and can be cancelled.
Claim the pay within 28 days.The pay claim needs to be made in writing within 28 days of the first day of the leave, with your name, the date of the death or stillbirth, and a declaration that you meet the relationship condition.
Know that no death certificate can be demanded.Your employer can ask for the written declaration for the pay claim. They cannot require evidence of the death itself.
Add other leave if you need more.Two weeks is a floor. Annual leave, unpaid parental leave for a surviving child, sick leave with a fit note, compassionate leave under the employer's policy, and agreed unpaid leave are all available on top. Many employers give far more than the statutory minimum.
Northern Ireland: check the date, because the rules changed.From 6 April 2026 Northern Ireland extended its scheme to cover miscarriage before 24 weeks, with no medical evidence required, and made both leave and pay day-one rights. nidirect runs separate pages for bereavements before and after that date — use the right one.

Tips

Ask someone else to make the notification to your employer if you would rather not. There is no requirement that you do it yourself.
Ask HR in writing what the employer's own policy gives on top of the statutory minimum. Many give considerably more and do not volunteer it.
Keep one of the two weeks if you can. Parents very often say the harder time came later.

Common mistakes

Not claiming the pay within 28 days — The written claim for Statutory Parental Bereavement Pay has a 28-day deadline from the first day of leave, and it is easily missed at the worst possible time.
Taking both weeks straight away because you assume you have to — The 56-week window exists precisely so that a week can be kept for an inquest, an anniversary, or a point months later when it is harder.

If it doesn't work

Your employer asked for a death certificate

Cause: They cannot require evidence of the death — Fix: Give the written declaration required for the pay claim and nothing more. Contact Acas if evidence of the death itself is insisted on.

You need more than two weeks

Cause: The statutory right is a minimum — Fix: Ask about the employer's compassionate leave policy, use annual leave, or see your GP about a fit note. Employers very often agree more than the statutory minimum when asked.

The absence was recorded as sickness

Cause: Wrong absence category — Fix: Ask in writing for it to be recorded as parental bereavement leave, so that it does not sit inside a sickness absence trigger system.

Questions people ask

Does it cover miscarriage?

In Great Britain the current right covers stillbirth after 24 weeks but not earlier pregnancy loss. Legislation to extend bereavement leave further has been passed but the necessary regulations have not yet been made. In Northern Ireland the scheme was extended to cover earlier miscarriage from April 2026.

What if both parents work?

Each parent has their own two-week entitlement. It is not shared.

Can I take it if the child was over 18?

Not under this right as it currently stands in Great Britain. Time off for dependants covers dealing with the death of a dependant of any age, and many employers have a compassionate leave policy that goes further.

Will I be paid?

Statutory Parental Bereavement Pay is payable to those with 26 weeks' service and sufficient earnings, at the statutory rate. The current rate is on the GOV.UK rates and thresholds page. Many employers pay full salary as a matter of policy.