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You and your partner may be able to take time off work if your child dies before they turn 18, or if you have a stillbirth after 24 weeks of pregnancy.

The death or stillbirth must have happened on or after:

• 6 April 2020 if you鈥檙e employed in England, Scotland or Wales
• 6 April 2022 if you鈥檙e employed in Northern Ireland

You might be able to get leave, pay or both. You may be eligible for:

• Parental Bereavement Leave
• Statutory Parental Bereavement Pay

There鈥檚 rules about when you can take your leave and pay and how to claim.

Employment rights when on leave

Your employment rights are protected while on Parental Bereavement Leave. This includes your right to:

• pay rises
• build up (鈥榓ccrue鈥�) holiday
• return to work

You may be able to get either or both Parental Bereavement Leave and Statutory Parental Bereavement Pay.

Parental Bereavement Leave

You can take 2 weeks鈥� leave from the first day of your employment for each child who has died or was stillborn if you鈥檙e eligible.

You can take:

• 2 weeks together
• 2 separate weeks of leave
• only one week of leave

A week is the same number of days that you normally work in a week.

The 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 you鈥檙e taking another type of statutory leave (for example, maternity leave or paternity leave) when the child dies or stillbirth happens, your Parental Bereavement Leave must start after the other leave has ended but does not have to be taken immediately after. This includes if the statutory leave is for another child.

If your Parental Bereavement Leave is interrupted by the start of another type of statutory leave, you can take your remaining entitlement to Parental Bereavement Leave after that other leave has ended.

Your remaining Parental Bereavement Leave must still be taken within 56 weeks of the date of death or stillbirth.

You can take Parental Bereavement Leave between blocks of shared parental leave that you booked before the child died. This includes if the shared parental leave is for another child.

Statutory Parental Bereavement Pay

You鈥檒l be able to get either 拢184.03 a week or 90% of your average weekly earnings (whichever is lower) if you鈥檙e eligible.

Any money you get is paid the same way as your wages, for example weekly or monthly, along with deductions for tax and National Insurance.

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

If you were the child鈥檚 parent or a parent鈥檚 partner

You may be eligible if at the time of the child鈥檚 death or stillbirth, you were:

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

Biological parents of the child or baby will not be eligible for Parental Bereavement Leave and Statutory Parental Bereavement Pay after an adoption or parental order was made, unless there was a contact order in place.

If you or your partner had day to day responsibility for the child

You may be eligible if both of the following apply:

• the child or baby was living with you at your home for 4 continuous weeks, ending with the date of death
• you or your partner had day to day responsibility for the child or baby鈥檚 care during that time

If you or your partner were being paid to look after the child or baby, you do not qualify for leave or pay unless you were:

• a foster parent being paid a fee or allowance by a local authority
• reimbursed for expenses related to caring for the child or baby
• getting payments under the terms of a will or trust for the child or baby鈥檚 care

You are 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 you or your partner were an adoptive parent

You are eligible for pay or leave:

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

If you or your partner were an adoptive parent of a child from outside the United Kingdom

If you or your partner were adopting a child from outside the United Kingdom and the adoption order had not yet been made, you may still be eligible. Both of the following must apply:

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

If you or your partner had a baby with the help of a surrogate parent

You are eligible for pay or leave:

• after a parental order was made
• before a parental order was made if you 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, you must also:

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

Statutory Parental Bereavement Pay

To get Statutory Parental Bereavement Pay, you must have been continuously employed by your employer 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.

You must also:

• continue to be employed up to the day the child dies or is stillborn
• earn on average 拢123 a week before tax (gross) over an 8 week period
• give your employer the correct notice and information for Statutory Parental Bereavement Pay

If you usually earn an average of 拢123 or more a week, and you only earned less in some weeks because you were paid but not working (鈥榦n furlough鈥�) under the Coronavirus Job Retention Scheme, you may still be eligible.

You have 56 weeks to take Parental Bereavement Leave or claim Statutory Parental Bereavement Pay through your employer. This starts from the date of the child鈥檚 death.

Parental Bereavement Leave

You can take 2 weeks leave in one block or as 2 separate blocks of one week.

The 56 weeks are split into 2 periods:

• from the date of the child鈥檚 death or stillbirth to 8 weeks after
• 9 to 56 weeks after the date of the child鈥檚 death or stillbirth

You must give your employer notice before you take Parental Bereavement Leave. How much notice depends on when you鈥檙e taking the leave.

0 to 8 weeks after the child鈥檚 death or stillbirth

You must give your employer notice before you would normally start work on the first day of the week or weeks you want to take off work.

9 to 56 weeks after the child鈥檚 death or stillbirth

You must give your employer at least one week鈥檚 notice before the start of the week or weeks you want to take off work.

Giving your employer notice

You must tell your employer:

• the date of the child鈥檚 death or stillbirth
• when you want your parental bereavement leave to begin
• how much leave you are taking - either 1 or 2 weeks

You can speak to your employer by phone, leave a voicemail, send a text message or an email. You do not need to give them notice in writing (for example through a form or letter).

You do not need to give proof of death or stillbirth.

Statutory Parental Bereavement Pay

You must ask for Statutory Parental Bereavement Pay within 28 days, starting from the first day of the week you鈥檙e claiming the payment for.

Each time you claim, you must give your employer the following information in writing (for example a letter, email or form):

• your name
• the dates of the period you want to claim Statutory Parental Bereavement Pay
• the date of the child鈥檚 death or stillbirth

You鈥檒l also need to give a 鈥榙eclaration鈥� to your employer to confirm you鈥檙e eligible because of your relationship to the child or baby. You only need to complete this once when you first ask for pay.

Completing the declaration

You can:

• - this takes 5 minutes
• declare in writing you鈥檙e eligible because of your relationship to the child or baby
• use your employers own form if they have one

Once you鈥檝e completed your declaration, you鈥檒l need to send it to your employer. They鈥檒l check your information and your eligibility.

You can change your mind and cancel your Parental Bereavement Leave or Statutory Parental Bereavement Pay if you have given your employer more than the required notice for either taking leave or claiming pay.

To cancel your Parental Bereavement Leave or Statutory Parental Bereavement Pay, you鈥檒l need to tell your employer. When you need to tell them depends on when your leave or pay is due to start.

Parental Bereavement Leave

If your leave is due to start within 8 weeks of the death or stillbirth, you must let your employer know about the cancellation no later than the time you would normally start work on the first day of planned leave.

If your leave is due to start 9 weeks or later after the death or stillbirth, you must let your employer know no later than one week before the start of the planned leave.

If you cancel your leave, you can rebook it if you give your employer the correct notice.

Statutory Parental Bereavement Pay

If your pay was due to start within 8 weeks of the child鈥檚 death or stillbirth, you must give your employer notice on the first day of the week you want to cancel.

If your pay was due to start 9 weeks or later after the child鈥檚 death or stillbirth, you must tell your employer you want to cancel one week before your pay was due to start.