Further to our article from November 2018, statutory parental bereavement pay and leave came into force on the 6th April 2020. The legislation, the Parental Bereavement Leave Regulations 2020, is known as known as 'Jack’s Law' after Jack Herd, whose mother Lucy campaigned on the issue.
Statutory Parental Bereavement Pay And Leave
Employed parents who lose a child under the age of 18, or who suffer a stillbirth from 24 weeks of pregnancy, on or after the 6th April 2020 will be entitled to receive 2 weeks paid parental bereavement leave under the new Act, to be taken within 56 weeks of the date of death of the child. They can take the leave in one 2 week block, or 2 separate blocks of 1 week each, and there is no minimum amount of time that the parent needs to have served with their employer to qualify for the leave and pay. In terms of statutory parental bereavement pay, an eligible employee is entitled to the lower of £151.20 a week or 90% of their average weekly earnings .
In terms of who is entitled to receive paid parental bereavement leave, a "bereaved parent" has been broadly defined as a "primary carer" who had a relationship with the deceased child which was "parental" in nature.
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Andrea Leadsom, the former Secretary of State for Business, Energy and Industrial Strategy, said on behalf of the Government that: "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." Lucy Herd, who campaigned for statutory parental bereavement pay and leave, stated: "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."
