Employees have a right to 2 weeks off if their child dies under the age of 18 or is stillborn after 24 weeks of pregnancy. This is called 'parental bereavement leave' and is also known as 'Jack's Law'.
Employees and workers might also be eligible for 'parental bereavement pay'.
Anyone classed as an employee also has the right to unpaid time off if their child (a 'dependant') dies under the age of 18.
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If an employee is on adoption leave when their child dies
If an employee is on adoption leave and their newly adopted child dies, their leave will end 8 weeks after the end of the week in which the child dies.
In this circumstance an employer should support the employee and their partner with care and in a way that acknowledges the death.
If an employee is on shared parental leave when their child dies
If an employee is on shared parental leave when their child dies they can still take the leave in full. They can reduce the length of the leave or cancel it if they want to. To do this, their employer has to have at least 8 weeks' notice of the new end date, or 8 weeks' notice to cancel the period of leave that has not yet started.
If an employee's child dies after they have given a 'notice of entitlement' to take shared parental leave, they can take the leave that they have already booked. If they have not yet given a notice of entitlement when their child dies, they cannot book a period of shared parental leave.
Find out more about shared parental leave and pay
If an employee's child is over 18
The death of a child who is over 18 can be devastating. Employers should be compassionate and supportive to their employees.
An employee might have the right to paid or unpaid time off.
For example, they might be entitled to:
- time off for dependants
- time off under their contract – this might be written in the organisation's absence or bereavement policy, if they have one
- use their holiday entitlement for an amount of paid time off
- take sick leave – they might also be entitled to sick pay