Supporting Bereaved Parents at Work: Guidance for Employers

Supporting employees through the loss of a child or pregnancy is one of the most sensitive and challenging responsibilities for employers. Conversations about baby and child loss can be deeply emotional, and both employees and managers may struggle to find the right words. Developing a thoughtful understanding of how such loss affects people at work is essential. It allows employers to respond with empathy, flexibility, and care – and ensures bereaved employees feel acknowledged, supported, and safe in their workplace.

Understanding the Legal Framework

Parental Bereavement Leave and Pay (Jack’s Law)

In 2010, Jack Herd, a 23-month-old boy, tragically drowned. His mother, Lucy, campaigned to address the lack of legal entitlement for bereaved parents to take time off work. Her efforts led to the creation of the Parental Bereavement Leave and Pay Regulations 2020, also known as Jack’s Law.

• Who qualifies: Working parents (including adoptive parents and certain carers) who lose a child under 18 or experience a stillbirth from 24 weeks of pregnancy. Employees must have been continuously employed for at least 26 weeks prior to the child’s death or stillbirth.
• Leave entitlement: 2 weeks, which can be taken together or separately within 56 weeks of the child’s death.
• Statutory Pay: Eligible employees (employed for at least 26 weeks and earning above a set threshold) can receive Statutory Parental Bereavement Pay.

Neonatal Care (Leave and Pay) Act 2023

This legislation provides protected leave for parents of babies requiring neonatal care, including situations where a baby dies during or shortly after this period. Eligible employees may receive paid leave, allowing them time to focus on care, grieving, and funeral arrangements. This leave can complement Parental Bereavement Leave, providing additional time and flexibility.

Going Beyond Legal Requirements

Employers can offer support that exceeds statutory obligations, creating a compassionate, loyal, and resilient workforce.

Enhanced Compassionate Leave

• Consider offering paid leave for miscarriage (before 24 weeks), stillbirth (after 24 weeks), and infant or child loss.
• Be flexible with duration, recognising that grief is unique to each individual.
• Include partners in leave policies where possible.
• Recognise that early pregnancy loss is not currently covered by statutory leave, so providing paid time off reduces financial stress and allows employees to grieve.

Mental Health and Emotional Support

• Offer access to counselling through Employee Assistance Programmes or internal resources.
• Train HR and line managers in bereavement support to ensure sensitive, empathetic conversations. Avoid clichés or unhelpful advice.
• Encourage mental health days and listen to employees’ needs, being flexible as circumstances evolve.
• Follow verbal discussions with written guidance to clarify support and entitlements.
• Refer to expert resources, such as Sands, the leading UK charity supporting those affected by pregnancy loss or baby death (https://www.sands.org.uk).

Flexible Working and Return to Work Plans

• Offer phased returns, temporary reduced hours, or adjusted duties.
• Consider remote or hybrid working options to support emotional safety.
• Recognise that grief is not linear; employees may need ongoing flexibility.

Clear and Inclusive Bereavement Policies

• Ensure policies clearly outline statutory entitlements and affirm the company’s commitment to support employees beyond legal requirements.
• Make policies inclusive of all family structures, gender identities, and adoption or surrogacy arrangements.
• Where financially viable, offer additional paid leave, annual leave, or sick leave.
• Provide clear guidance for line managers on supporting bereaved employees effectively.

Looking Ahead: Future Legislation

• Proposed changes in the Employment Rights Bill may introduce statutory bereavement leave for miscarriage before 24 weeks.
• The Paternity Leave (Bereavement) Act 2024 will give fathers or partners extended leave following the death of a birth mother or child placed for adoption.
• Employers should stay informed and adjust policies as these laws come into effect (expected 2026–2027).

Takeaways for Supporting Bereaved Parents at Work

Supporting bereaved parents at work requires empathy, flexibility, and proactive planning. Thoughtful policies and compassionate management:

• Allow employees the time they need to grieve without financial or job security pressure.
• Create an environment where employees feel safe to return to work at their own pace.
• Provide emotional support through counselling, flexible working, and manager guidance.
• Go beyond statutory requirements wherever possible, including offering paid leave for early pregnancy loss or additional compassionate leave.
• Clear communication and inclusive policies help employees feel valued and supported, ultimately fostering a resilient workforce.

Resources for Employers

For further guidance, tools, and training on supporting bereaved parents at work, employers can access the following:

• Sands: Bereavement in the Workplace
• Tommy’s: Pregnancy at Work
• Cruse: Organisations
• Miscarriage Association: Miscarriage and the Workplace
• Child Bereavement UK: Supporting Yourself and Colleagues
• Lullaby Trust: Bereavement Training
• Child Death Helpline