Cameron Miranda
The laws surrounding bereavement leave in the UK are not clearly defined, with the exception of parental bereavement leave. Under the Parental Bereavement (Leave and Pay) Act, parents who lose a child under 18 or experience a stillbirth after 24 weeks of pregnancy are entitled to two weeks of leave. This can be paid if eligibility criteria are met. In 2020, the UK government passed 'Jack's Law', which gives parents the right to paid time off after the death or stillbirth of a child. While there is no statutory entitlement to bereavement leave in other cases, employers are legally required to provide time off for dependants in emergencies, including deaths.
| Characteristics | Values |
|---|---|
| Who is entitled to bereavement leave? | Employees who have experienced the death of a dependant or someone close to them, including immediate family members, partners, friends, or even pets. |
| How much time off can they take? | There is no legal entitlement to a specific number of days off for bereavement leave, except in the case of parental bereavement leave, where parents are entitled to two weeks off if their child dies or they experience a stillbirth after 24 weeks of pregnancy. The amount of time off for other cases should be "reasonable." |
| Do employees get paid during bereavement leave? | There is no legal right to paid bereavement leave, except for parental bereavement leave, where employees may be eligible for statutory pay. However, some employers may offer pay during this time. |
| What are employers required to do? | Employers are legally required to provide time off for dependants in emergencies, including deaths, and to treat employees taking bereavement leave fairly, without discrimination or unfair treatment. |
| What should employers consider? | Employers should be compassionate towards individual situations, as everyone experiences grief differently. They should also be sensitive to the employee's preferences when discussing leave and maintain the privacy of the employee's bereavement if requested. |
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What You'll Learn
- Employees are entitled to two weeks of bereavement leave if their child dies under the age of 18
- There is no legal right to paid time off for bereavement, except in the case of parental bereavement leave
- Bereavement leave is commonly bound by the relationship between the employee and the deceased
- Employers are legally required to provide time off for dependants in emergencies, including deaths
- Employees have the right to privacy regarding their bereavement
Employees are entitled to two weeks of bereavement leave if their child dies under the age of 18
In the UK, the law on bereavement leave is not clearly defined. However, employees are entitled to two weeks of bereavement leave if their child dies under the age of 18. This is known as 'Jack's Law' or the 'Parental Bereavement and Pay Regulations'. It was passed in 2020 by the then-Conservative government and named after the 23-month-old child Jack Herd, whose mother campaigned for these changes after his death in 2010.
Under the Parental Bereavement (Leave and Pay) Act, parents who lose a child under 18 or experience a stillbirth after 24 weeks of pregnancy are entitled to two weeks of leave. This can be paid if the eligibility criteria are met. The statutory pay rate is set at either £184.03 per week or 90% of the employee's average weekly earnings, whichever is lower. To be eligible for statutory pay, employees must earn above the lower earnings limit (£125 from April 2025) and have been employed for at least 26 weeks.
Bereavement leave is a period of absence granted to employees following the death of a loved one, enabling them to grieve and manage practical arrangements. While there is no legal right to paid time off for bereavement in general, employers should be compassionate towards individual circumstances. The time off could be treated as sick leave or, if the employee requests, as holiday leave.
Employees have certain rights during parental bereavement leave, such as the right to privacy. If an employee does not want their bereavement disclosed to colleagues, they should inform their employer. Additionally, employers must not treat employees unfairly for taking bereavement leave, such as refusing them training or promotion opportunities.
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There is no legal right to paid time off for bereavement, except in the case of parental bereavement leave
In the UK, there is no legal right to paid time off for bereavement. The only exception to this rule is in the case of parental bereavement leave, which is also known as 'Jack's Law'. This law grants parents the right to paid time off after the death or stillbirth of a child under the age of 18. It is important to note that parental bereavement leave is not limited to biological or legal connections, as an employee might have a close connection to the deceased even if they are not related.
The amount of time off for bereavement leave is typically determined by the relationship between the employee and the deceased. While there is no legal requirement for bereavement leave in most cases, employers are encouraged to be compassionate and flexible, as everyone experiences grief differently. The time off could be treated as sick leave or holiday, depending on the employee's preference.
Under the Parental Bereavement (Leave and Pay) Act, parents who meet the eligibility criteria are entitled to two weeks of paid leave. The statutory pay rate is set at either £184.03 per week or 90% of the employee's average weekly earnings, whichever is lower. To be eligible for statutory pay, employees must earn above the lower earnings limit (£125 from April 2025) and have been employed for at least 26 weeks.
It is worth noting that the law relating to bereavement leave in the UK is not clearly defined, and the upcoming Employment Rights Bill aims to address this issue by introducing specific provisions for bereaved workers. In the meantime, entitlement to bereavement leave is determined by the employer's discretion and any organisational policies in place. Employees should refer to their contract, company handbook, or intranet site to understand their entitlements.
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Bereavement leave is commonly bound by the relationship between the employee and the deceased
Bereavement leave is commonly influenced by the relationship between the employee and the deceased, with immediate family members often serving as the primary criterion for granting the full extent of bereavement leave. While the death of a friend or even a pet can be equally distressing, employers face the challenge of balancing compassion and operational continuity.
In the UK, the typical duration of compassionate leave is 3-5 days for the loss of an immediate family member, including a spouse, civil partner, partner, sibling, or child. Less close relationships, such as grandparents, grandchildren, and step-parents, usually warrant 2-3 days of leave. Meanwhile, the loss of in-laws, aunts, uncles, or cousins may result in 1 day of bereavement leave.
It is important to recognize that bereavement leave is not just about grieving but also about managing practical arrangements, such as travelling, dealing with affairs, and organizing and attending funerals. The time off can be treated as sick leave, or if the employee prefers, it can be taken as holiday leave.
Under the Parental Bereavement (Leave and Pay) Act, parents who lose a child under the age of 18 or experience a stillbirth after 24 weeks of pregnancy are entitled to two weeks of bereavement leave, also known as 'Jack's Law'. This leave can be paid if certain eligibility criteria are met, such as earning above the lower earnings limit and having been employed for at least 26 weeks.
While there is no statutory entitlement to bereavement leave for the loss of a dependent or non-dependent in the UK, employers are legally required to provide time off for dependents in emergencies, including deaths. The amount of time off in such cases should be 'reasonable' and is intended for dealing with unexpected issues and emergencies, including arranging or attending funerals.
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Employers are legally required to provide time off for dependants in emergencies, including deaths
In the UK, there is currently no statutory entitlement to bereavement leave except for parental bereavement leave. However, employers are legally required to provide time off for dependants in emergencies, including deaths. This is outlined in the Employment Rights Act 1996, which states that employees have the right to take a "reasonable" amount of time off work to deal with emergencies and issues relating to dependants. The Act defines a dependant as "a spouse or civil partner, a child or a parent", as well as "a person who lives in the same household, otherwise than by reason of being their employee, tenant, lodger or boarder". This could include a cohabiting partner or someone who relies on an employee for their care or assistance during an emergency, such as an elderly neighbour.
The amount of time considered "reasonable" is not specified in the law, and it may vary depending on the circumstances. Employers should act reasonably and compassionately when granting time off for bereavement, taking into account that everyone experiences grief differently. While there is no legal right for this time off to be paid, some employers may choose to offer pay or allow employees to take it as holiday or sick leave. It is important to check the employee's contract, company handbook, or organisational policy for specific details.
In the case of parental bereavement leave, parents who lose a child under the age of 18 or experience a stillbirth after 24 weeks of pregnancy are entitled to two weeks of leave, which can be taken from the first day of employment. This leave may be paid if the eligibility criteria are met. The rate of statutory pay is set at either £184.03 per week (as of April 2025) or 90% of the employee's average weekly earnings, whichever is lower. To be eligible for statutory pay, employees must earn above the lower earnings limit (£125 from April 2025) and have been employed for at least 26 weeks.
It is worth noting that the UK government has recognised the need for improved bereavement leave laws. The Employment Rights Bill, first published in 2024, aims to expand protections to more people and family members and make it a day-one employment right. This bill is currently awaiting report stage in the House of Commons.
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Employees have the right to privacy regarding their bereavement
In the UK, employees have a right to time off in the event of bereavement. While there is no legal right to paid time off for bereavement, many employers choose to offer pay during this period. Bereavement leave allows employees to take time off work following the death of a close family member or loved one. This time off is meant to provide employees with the necessary space and time to cope with their loss, attend funeral services, console family members, and address other immediate needs without the stress of work obligations.
In some cases, employees may prefer to keep their bereavement private. If an employee has not specifically stated that they want to keep their bereavement confidential, it may be reasonable for the employer to share the information with the team, especially if the workplace culture is open about personal lives. However, it is generally considered bad practice to disclose personal information without the employee's consent.
To respect employees' privacy, employers should regularly check in with the bereaved employee and offer support without prying. Grief is a personal process, and employees should feel empowered to share or withhold details as they see fit. Employers can offer information on available resources, such as counselling services or support groups, and be open to flexible work arrangements, including remote work options, adjusted schedules, or reduced workloads during the initial grieving stages.
Ultimately, the decision to disclose bereavement details rests with the employee, and employers should respect their wishes. By supporting employees through their grief and respecting their privacy, employers can create a compassionate and empathetic environment during challenging times.
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Frequently asked questions
There is no legal right to paid time off for bereavement, unless someone is eligible for parental bereavement pay when a child under the age of 18 dies or is stillborn. In this case, employed parents have the right to two weeks of paid leave from the first day of their employment. Bereavement leave for other family members or friends is at the discretion of the employer.
Eligible parents can take two weeks of paid leave from the first day of their employment for each child who has died. Parental Bereavement Pay is either £187.18 a week or 90% of their average weekly earnings (whichever is lower).
Yes, the remaining Parental Bereavement Leave must be taken within 56 weeks of the date of death or stillbirth.
Parental Bereavement Pay only applies to employees who earn above the lower earnings limit (£125 from April 2025) and have been employed for at least 26 weeks.
Bereavement leave is commonly taken after the death of an immediate family member, while compassionate leave can be taken for the loss of a friend or even a pet. The amount of compassionate leave is typically shorter than bereavement leave.
