Today (3rd July) marks National Bereaved Parents Day, a day to raise awareness for all parents who have lost a child of any age, and in any circumstance. Child loss can have a profound impact on an individual’s life, including their work life.

Employers and HR have a critical role to play in providing both access to legal entitlements and pro-active and compassionate emotional support.

Legal Rights

Parental bereavement leave: Since 2020, employees who have lost a child have had the right to take parental bereavement leave. The detail is set out in the Parental Bereavement Leave Regulations 2020.

Key points:

  • Available to employees who lose a child under 18 or suffer a stillbirth after 24 weeks of pregnancy.
  • 2 weeks’ statutory leave (can be taken in one block or as two separate weeks).
  • Day 1 right – no qualifying period of service required.
  • The right applies to the child’s parent(s), which includes an adoptive parent, prospective adopter, intended parent under a surrogacy arrangement, someone who is a parent ‘in fact’ (has been looking after the child in that person’s home for the last four weeks), or their partner.
  • Must be taken within 56 weeks of the child’s death.
  • Employees are protected from dismissal or detriment for exercising their right to leave.
  • Statutory Parental Bereavement Pay (SPBP) may be available if the employee meets earnings and service criteria. This is set at the same level as other family leave pay, currently £187.18 per week.
  • There is no formal requirement for employees to provide evidence beyond notifying the employer of eligibility (e.g. the child’s name and date of death).

There are other legal entitlements which may be available to bereaved parents. HR should signpost these to employees where applicable, as they may provide a mechanism for a longer or more flexible period of time away from work.

Time off for dependants: An employee is entitled to a reasonable amount of unpaid time off to take “action which is necessary… as a consequence of the death of a dependant”. This is an unpaid right but may be useful to an employee who wants to take a short period of time off to, say, make funeral arrangements but does not want to trigger a whole week of parental bereavement leave.

Maternity/Paternity/Adoption leave: Where an employee has lost a child through stillbirth after 24 weeks of pregnancy or shortly after birth then they will have triggered an entitlement to take maternity leave (up to 52 weeks) and/or (if eligible) paternity leave (2 weeks). If the child dies after placement for adoption, the employee may be entitled to adoption leave. The period of adoption leave will end eight weeks (Sunday to Sunday) from the end of the week in which the child died, unless it would have ended earlier in any event.

Neonatal care leave: Where a child requires neonatal care before they reach 28 days old, the employee may be entitled to neonatal care leave – broadly one week for each week that the child receives neonatal care up to a maximum of 12 weeks. This right accrues and is not impacted by the death of the child.

The Employment Rights Bill proposes to introduce a new right to ‘bereavement leave’ which will be available to anyone eligible who loses a loved one. The ‘roadmap’ published by the government this week has pushed implementation of this change back to 2027. When it does eventually come into effect, the right will be to a minimum of one week of unpaid leave to be taken within 56 days of bereavement and, for bereaved parents, will be in addition to any separate entitlement to parental bereavement leave.

Beyond the law

When supporting an employee who has experienced the loss of a child, it’s essential to approach conversations with sensitivity, using compassionate language and avoiding assumptions. Provide clear, written information about their leave entitlements and any internal support available. If possible, offer additional paid leave beyond the statutory minimum, which may not be sufficient. Flexibility is also key – consider phased returns to work, temporary adjustments to their role, or hybrid working arrangements.

To support wellbeing and mental health, signpost or fund counselling services, such as through an Employee Assistance Programme or specialist charities. Encourage employees to use wellbeing days, and ensure they have access to trained HR staff or mental health first aiders for informal check-ins.

Grief doesn’t end after two weeks. Keep checking in over time, recognising that anniversaries or other emotional triggers may affect the employee’s wellbeing or performance. Continued flexibility may also be needed, especially if the employee is supporting other children or a partner through their grief.

Acas has published guidance for employers on time off work for bereavement which, as well as setting out the legal position, includes useful practical tips. It can be accessed here: Leave and pay when someone dies – Time off work for bereavement – Acas