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To qualify for Parental Bereavement Leave and Statutory Parental Bereavement Pay, an employee must meet the criteria both as a parent (including if they had day to day responsibility) and an employee. They might not be eligible for both.

If the employee was the child鈥檚 parent or the parent鈥檚 partner

An employee will be eligible if, at the time of the child鈥檚 death or stillbirth, they were:

• the child鈥檚 or baby鈥檚 parent - either biological, adoptive or parent of a child born to a surrogate
• the partner of the child鈥檚 or baby鈥檚 parent

Biological parents are not eligible once an adoption or parental order has been made unless there was a contact order in place after the adoption.

If the employee was not the child鈥檚 parent but had day to day responsibility for the child

An employee may be eligible if they or their partner had:

• the child or baby living with them at their home for 4 continuous weeks, ending with the date of the death
• day to day responsibility for the child or baby鈥檚 care during that time

If the employee or their partner was paid to look after the child, they鈥檙e not entitled to leave or pay unless they were:

• a foster parent paid a fee or allowance by a local council
• reimbursed for expenses to do with the care of the child or baby
• getting payments under the terms of a will or trust for the child or baby鈥檚 care

An employee is not eligible if one of the child or baby鈥檚 parents or someone who had parental responsibility () for the child was also living in the household.

If the employee was an adoptive parent

If they or their partner was an adoptive parent, an employee is eligible:

• after the adoption order was granted
• before the adoption order was granted, if the child was placed with them for adoption and the placement was not disrupted (for example, being temporarily placed elsewhere) or stopped

If the employee was an adoptive parent of a child from outside the United Kingdom

If the employee or their partner was adopting a child from outside the United Kingdom and the court order had not yet been made, they may still be eligible. Both of the following must apply:

• the child was living with them after entering the United Kingdom
• they have the 鈥榦fficial notification鈥� confirming they were allowed to adopt

If the employee had a baby with the help of a surrogate parent

If they or their partner were a parent of a child born to a surrogate, an employee is eligible:

• after a parental order was made
• before a parental order was made if they had applied or intended to apply for a parental order within 6 months of the child鈥檚 birth and expected it to be granted

Parental Bereavement Leave

To get Parental Bereavement Leave, the employee must also:

• be classed as an employee - it does not matter how long they鈥檝e worked for you
• give you the correct notice for Parental Bereavement Leave

Statutory Parental Bereavement Pay

To get Statutory Parental Bereavement Pay, the employee must have been continuously employed by you for at least 26 weeks up to the end of the 鈥榬elevant week鈥�. The 鈥榬elevant week鈥� is the week (ending with a Saturday) immediately before the week of the death or stillbirth.

They must also:

• remain employed by you up to the day the child dies or is stillborn
• earn on average 拢123 a week (gross)
• give you the correct notice for Statutory Parental Bereavement Pay

There are special rules for some employee situations, for example if they leave or become sick.