One of a series of leaflets published by The Compassionate Friends 10 Bereavement and employment: legal rights Legislation often changes. The following is the position at the time of writing (spring 2024). Please visit the recommended web pages to check the current rules. Two weeks “parental bereavement leave” (“Jack’s Law”) This entitlement is for parents whose child was under 18 years old when they died, or if they have a stillbirth after 24 weeks of pregnancy. “Parents” means they were: • the child’s or baby’s parent - either biological, adoptive or parent of a child born to a surrogate • the partner of their child’s or baby’s parent. It does not matter how long they have been at their current job. Provided they are eligible, parents can take 2 weeks’ leave for each child who has died or has been stillborn. If a parent finds they need additional leave (after all, two weeks is not very long), they may need to discuss their need for additional compassionate leave. (See below.) Statutory Parental Bereavement Pay is for those who have been working continuously for their employer for at least 26 weeks and earning a minimum average per week. (If they have been doing agency work, they can still qualify, but the agency must have been deducting PAYE tax and Class 1 National Insurance Contributions from their earnings.) Please note: “Employees must ask for statutory parental bereavement pay within 28 days of taking statutory parental bereavement leave, starting from the first day of the week they are claiming the payment for.” “The Parental Bereavement Leave and Pay Regulations” came into force in 2020. Visit: • Goverment website: Statutory Parental Bereavement Pay and Leave - gov.uk • ACAS website: If an employee’s child dies - Time off work for bereavement - acas.org.uk
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