Losing a child: your right to paid leave («Jack's Law»)

This is one of those subjects no one wants to think about in advance, but the right is important to know. If an employee loses a child, the law gives them a right to leave.

What the law gives

Under the Parental Bereavement Leave Regulations 2020 (known as «Jack's Law»), an employee is entitled to up to two weeks' leave. The scheme covers the loss of a child under 18, and a stillbirth after 24 weeks of pregnancy.

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Who qualifies and when

It is not only for birth parents: under regulation 4 it extends to adopters, «intended parents», people with whom a child was placed for adoption, and the partner of a parent — those who were in fact raising the child. The leave can be taken as one week, two weeks together, or two separate weeks, within 56 weeks of the death. The leave itself is for employees; the payment (Statutory Parental Bereavement Pay) requires enough qualifying service.

An employer cannot refuse this leave. Being refused it, or penalised for taking it, is a breach of your employment rights.