When a child dies, the last thing a parent should face is an HR portal that refuses a leave request or asks for documents it has no right to. Parental bereavement leave has some of the lightest notice rules in UK employment law, precisely so that grieving parents can step away at once. This page sets out the rules in Great Britain and where HR and payroll software most often gets them wrong. It is for employees and for employers. Northern Ireland has separate legislation.
The short answer: an employee whose child dies under the age of 18, or whose baby is stillborn after 24 weeks of pregnancy, can take up to two weeks of parental bereavement leave within 56 weeks of the death. The leave is a day one right. In the first 56 days, notice can be given as late as the start of the working day. Statutory parental bereavement pay, the lower of £194.32 a week and 90% of normal weekly earnings, needs 26 weeks' service and earnings at or above the lower earnings limit.
Who can take the leave
The right comes from the Employment Rights Act 1996 (s80EA), as inserted by the Parental Bereavement (Leave and Pay) Act 2018, and the Parental Bereavement Leave Regulations 2020. A child is a person under 18, and the rules also apply to a child stillborn after 24 weeks of pregnancy (s80EE). The employee qualifies if, at the date of death, they were the child's parent, an adopter with whom the child was placed, an intended parent under a surrogacy arrangement, a parent in fact who looked after the child, or the partner of such a parent, among other listed cases (reg 4). There is no minimum length of service for the leave.
How the leave can be taken
The employee can take one week or two, and two weeks need not be consecutive. Leave can be taken at any time within 56 weeks beginning with the date of death (reg 5).
The notice rules depend on timing (reg 6):
- Within the first 56 days after the death: notice can be given before the time the employee would start work on the first day of absence, or as soon as reasonably practicable after that.
- After 56 days: at least one week's notice.
The notice only needs to give the date of death, the date the leave is to start, and whether it is one week or two. The leave regulations do not require the notice to be in writing, and they contain no evidence requirement, such as a death certificate. A system that blocks a same-day request, demands written notice weeks ahead, or requires a document upload before it will record the absence is asking for more than the law allows.
Statutory parental bereavement pay
Pay needs 26 weeks' continuous employment ending with the week before the death, earnings over the 8 weeks to that week at or above the lower earnings limit, and continued employment up to the death (SSCBA 1992 s171ZZ6). Pay covers two weeks (Statutory Parental Bereavement Pay (General) Regulations 2020, reg 5), taken as one or two weeks together or as separate weeks (reg 6), within 56 weeks of the death (reg 7). Notice for pay can be given up to 28 days after the first day of the pay period, together with a written declaration and the date of death (reg 8). The weekly rate is the lower of £194.32 and 90% of normal weekly earnings (reg 20), the cash figure set from 6 April 2026 by the up-rating order (SI 2026/148, art 10(3)).
Changes coming
The Employment Rights Act 2025 widens section 80EA so that regulations can give bereavement leave for the death of other people and for pregnancy loss before 24 weeks, with at least one week's leave in those cases. Those changes are in force only for making regulations, and a search of legislation.gov.uk on 1 November 2026 found no such regulations made for Great Britain yet. Until they are, the rules on this page are the ones that apply.
Practical steps
- Employers: let managers record parental bereavement leave immediately, by phone or message, without an upload; apply no service test to the leave; allow the second week to be booked later; and use £194.32 for pay. Make sure automated absence triggers and attendance warnings do not fire on this leave.
- Employees: a short message to your manager on the day is enough notice in the first 56 days. If a portal asks for more, ask HR to record the leave by hand. See also maternity and paternity pay and neonatal care leave and pay.
This page is general information on the law in Great Britain as at 1 November 2026, not legal advice.
Questions and answers
How long is parental bereavement leave in the UK?
One or two weeks, taken together or as separate weeks, within 56 weeks of the child's death (Parental Bereavement Leave Regulations 2020, reg 5).
Do I need to have worked for my employer to get parental bereavement leave?
No. The leave has no service requirement. Statutory parental bereavement pay needs 26 weeks' continuous employment ending with the week before the death and earnings at or above the lower earnings limit.
How much notice do I have to give for parental bereavement leave?
In the 56 days after the death, notice before you would have started work that day, or as soon as reasonably practicable. After that, one week's notice (reg 6).
How much is statutory parental bereavement pay?
The lower of £194.32 a week and 90% of normal weekly earnings, for up to two weeks, from April 2026 (Statutory Parental Bereavement Pay (General) Regulations 2020, reg 20, as up-rated by SI 2026/148).