Your employment rights following a bereavement

Parental Bereavement Leave (PBL) is only available to employees if your child or a child in your care, has died or was stillborn after 24 weeks of pregnancy.

A parent will be entitled to two weeks of PBL, which can either be taken together or as two separate weeks. PBL can be taken during the first 56 weeks after the child’s death.

If a parent wishes to take PBL within the first eight weeks from the date of the child’s passing, minimal notice is required (i.e. it can be just before you start work). If PBL is to be taken eight weeks after the child’s death, you will need to give your employer at least one week’s notice.

Although PBL is a day one right, you are only entitled to statutory parental bereavement pay if you have accrued 26 weeks’ continuous service. Since April 2024, this is £184.03 a week or 90% of your average weekly earnings, whichever is lower, although your employer may offer an enhanced rate.

If you suffer a stillbirth after 24 weeks of pregnancy or a neonatal death, you will be entitled to your full maternity leave, in addition to PBL. Similarly, if you are the father or other parent, you will be permitted your full entitlement to paternity leave as well as PBL.

Whilst you are exercising your right to PBL, you will be protected from any unlawful detriment and dismissal. Equally your employer should not discriminate you, for example religious discrimination if you need to attend a ceremony after a death.

Employees are entitled to a reasonable amount of time off work to deal with the death of a dependant, namely someone who is immediate family, a person who lives with you, or someone who relies on you, for example an elderly neighbour. This is usually referred to as “time off for dependants” or “compassionate leave”.

The law does not make it clear how much time can be taken off work for compassionate leave, although it should be reasonable such as allowing you to deal with practical arrangements that follow a death, such as a funeral, or attending an appointment with probate officers.

What is a “reasonable” amount of time off work is context dependant. Although there is no statutory notice period required to notify your employer of your need to take time off for work for compassionate leave, you should notify them as soon as reasonably practicable.

There is no legal entitlement to be paid whilst off work for compassionate leave. Employers may however choose whether they wish to enhance this at their discretion.

Unfortunately, there is no legal right to have time off work in the event of a death or attend a funeral of a close relative or friend.

Employers often have a staff handbook though, and it’s commonplace for businesses to have policies in place to support employees in the event of a bereavement and time off work.

Alternatively your employer may be willing to allow you to take annual leave at short notice or to obtain a sick note from your GP if the effects of the bereavement are such that you will not be able to adequately meet the requirements of your job.

If you have suffered a bereavement, it is vital you open a line of communication with your manager. They need to be notified promptly of any time you need off work immediately or in the future, and whether you need additional support or adjustments if you are continuing to work.

You should explore with your manager what support your employer may have available. Do they, for instance, offer an employee assistance programme and/or access to a mental health first aider and counselling?

Many organisations will have a wellbeing plan in place, and we would always encourage anyone dealing with a bereavement to consider what additional support they may be able to receive whilst they navigate this difficult period.

There are several charities and organisations who provide specialist support for individuals who are experiencing bereavement. In particular, Bless supports those with a baby in neonatal care, Dying Matters supports those when talking about death and bereavement, Mind provides mental health support, and Sue Ryder advises individuals on coping with death.

First and foremost, it is important to make sure you are taking care of yourself. Grief is complex and its effects are not always immediate.

We always recommend reviewing your employer’s policies regularly so that you are aware of the support you have access to, as well as your rights in the event that you require it.