Bereaved parents will be entitled to two weeks' paid leave

According to business secretary Andrea Leadsom, who made the announcement today, the new legal right, coming into force from April, is a world first.

The Parental Bereavement Leave and Pay Regulations will be known as Jack’s Law in memory of Jack Herd who drowned in 2010 at the age of 23 months.

Under the new law, which Jack’s mother Lucy campaigned for, all employed parents who lose a child, or suffer a stillbirth from 24 weeks of pregnancy, will be entitled to two weeks’ statutory leave, irrespective of how long they have worked for their employer.

How it will work

Parents will be able to take the leave as either a single block of two weeks, or as two separate blocks of one week each taken at different times across the first year after their child’s death.

Those who have worked for their employer for at least 26 continuous weeks and earn over £118 per week for 2019 to 2020 will also be entitled to Statutory Parental Bereavement Pay (SPBP), at £148.68 per week, or 90 per cent of average weekly earnings where this is lower.

SPBP will be administered by employers in the same way as existing family-related statutory payments such as Paternity Pay.

Comments

Business secretary Andrea Leadsom said, ‘There can be few worse experiences in life than the loss of a child and I am proud that this Government is delivering Jack’s Law, making us the first country in the world to do so.

‘When it takes effect, Jack’s Law will be a fitting testament to the tireless efforts of Lucy Herd, alongside many charities, to give parents greater support.’

Jack Herd’s mother, Lucy, added, ‘In the immediate aftermath of a child dying, parents have to cope with their own loss, the grief of their wider family, including other children, as well as a vast amount of administrative paperwork and other arrangements. A sudden or accidental death may require a post-mortem or inquest; there is a funeral to arrange; and there are many other organisations to contact, from schools to benefit offices.

‘When I started this campaign 10 years ago after the death of my son Jack, I always hoped that a positive change would happen in his memory. Knowing that nearly 10 years of campaigning has helped create Jack’s Law is the most wonderful feeling, but it is bittersweet at the same time. I am so grateful to all those involved who have helped make this possible. I was told many times that I would not succeed but Jack’s Law will now ensure that bereaved parents are better protected in the future.’

Alison Penny, co-ordinator of the National Bereavement Alliance, said, 'Many parents are forced to make hard choices about returning to work at a desperately difficult time following their child’s death, fearing loss of pay or job security if they take time off.

'We welcome the significant step the Government has made in introducing minimum provision for parents, and would like to see employers demonstrate a genuine commitment to grieving colleagues by treating them compassionately and with the support they need.'