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Supporting Bereaved Parents at Work: Guidance for Employers (Updated for 2026)

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, while ensuring 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 Herd, campaigned to address the lack of legal entitlement for bereaved parents to take time off work. Her efforts led to the introduction of the Parental Bereavement Leave and Pay Regulations 2020, commonly known as Jack’s Law.

Under the current law:

  • Parents and others with parental responsibility who lose a child under the age of 18, or experience a stillbirth after 24 weeks of pregnancy, are entitled to Parental Bereavement Leave.
  • Eligible employees can take up to two weeks’ leave, either as a single block or as two separate weeks, within 56 weeks of the child’s death or stillbirth.
  • Employees who meet the qualifying service and earnings requirements may also be entitled to Statutory Parental Bereavement Pay.

 

Neonatal Care Leave and Pay

The Neonatal Care (Leave and Pay) Act 2023 came into force on 6 April 2025, providing additional support for parents whose babies require neonatal care.

Key provisions include:

  • A day-one right to Neonatal Care Leave for eligible employees.
  • Up to 12 weeks’ leave, in addition to maternity, paternity, adoption or shared parental leave entitlements.
  • Eligibility where a baby receives neonatal care for at least seven continuous days within the first 28 days following birth.
  • Statutory Neonatal Care Pay for employees who meet qualifying service and earnings requirements.
  • Protection from detriment, unfair dismissal, and certain redundancy situations linked to taking neonatal leave.

This entitlement can be particularly important where a child dies during or shortly after a period of neonatal care, allowing families additional protected time away from work.

 

Going Beyond Legal Requirements

While legislation provides minimum protections, many employers choose to provide enhanced support to employees experiencing pregnancy loss, baby loss, or child bereavement.

 

Enhanced Compassionate Leave

Consider:

  • Offering paid leave for miscarriage, ectopic pregnancy, molar pregnancy, stillbirth, neonatal loss and child bereavement.
  • Including partners and intended parents within any enhanced leave arrangements.
  • Allowing flexibility around the amount of leave granted, recognising that grief affects everyone differently.
  • Providing paid leave rather than requiring employees to rely solely on statutory entitlements, annual leave, or sickness absence.

 

Mental Health and Emotional Support

Employees experiencing bereavement may require ongoing emotional support long after returning to work.

Employers can support them by:

  • Providing access to counselling services or an Employee Assistance Programme (EAP).
  • Training managers and HR teams to handle conversations sensitively and confidently.
  • Avoiding assumptions about how someone “should” cope with grief.
  • Maintaining supportive contact during periods of absence, whilst respecting individual preferences.
  • Following discussions with written confirmation of any agreed support measures.
  • Signposting specialist organisations such as Sands, Tommy’s, Child Bereavement UK, Cruse Bereavement Support, and the Miscarriage Association.

 

Flexible Working and Return-to-Work Planning

A return to work can be emotionally challenging following the loss of a child or pregnancy.

Supportive measures may include:

  • Phased returns to work.
  • Temporary adjustments to duties or workload.
  • Flexible start and finish times.
  • Homeworking or hybrid working where operationally possible.
  • Additional wellbeing reviews following the employee’s return.

It is important to recognise that grief is rarely linear and employees may require further support months after the bereavement.

 

Supporting Colleagues and Managers

The impact of bereavement often extends beyond the affected employee. Managers and colleagues may also be affected and uncertain how to respond.

Employers should:

  • Provide managers with practical guidance on having sensitive conversations.
  • Respect employee confidentiality and wishes regarding what information is shared.
  • Ensure colleagues understand any workplace adjustments without disclosing unnecessary personal information.
  • Encourage a compassionate and supportive workplace culture.
  • Monitor workloads and wellbeing following an employee’s return to work.

 

Creating Clear and Inclusive Bereavement Policies

A comprehensive bereavement policy should:

  • Clearly explain current statutory entitlements, including Parental Bereavement Leave and Neonatal Care Leave.
  • Outline any enhanced company-provided compassionate leave arrangements.
  • Include guidance on pregnancy loss, stillbirth, neonatal loss and child bereavement.
  • Recognise diverse family structures, including adoptive families, foster carers, kinship carers, same-sex parents, blended families and surrogacy arrangements.
  • Provide managers with clear guidance on providing consistent and compassionate support.
  • Signpost available internal and external support resources.

 

Proposed Changes to Bereavement and Pregnancy Loss Rights

The Government has confirmed its intention to introduce wider statutory bereavement rights through the Employment Rights Act 2025, with implementation expected from April 2027, subject to the necessary regulations being finalised.

The proposed changes include:

  • A new day-one right to bereavement leave for employees following the death of certain close family members.
  • The extension of statutory bereavement leave to cover pregnancy loss before 24 weeks, including miscarriage and other forms of pregnancy loss.
  • Greater flexibility regarding how and when bereavement leave can be taken.

As the detailed regulations are still being developed, employers should continue to follow the current legal framework and monitor future legislative developments.

In the meantime, many organisations may wish to review their existing bereavement policies and consider whether enhanced support for pregnancy loss and family bereavement aligns with their culture and wellbeing objectives.

 

Key Takeaways for Employers

Supporting bereaved parents requires empathy, flexibility, and careful planning.

Good practice includes:

  • Allowing employees adequate time to grieve without unnecessary financial or workplace pressure.
  • Offering flexibility during both absence and return to work.
  • Providing emotional support through counselling, employee support services, and trained managers.
  • Considering going beyond the current statutory requirements wherever possible, including offering paid leave for early pregnancy loss, enhanced compassionate leave, counselling support, or flexible return-to-work arrangements.
  • Ensuring policies are inclusive, accessible, and clearly communicated.
  • Creating a workplace culture where employees feel supported during some of the most difficult experiences of their lives.

Whilst legal compliance is important, a compassionate and person-centred approach can have a lasting positive impact on employee wellbeing, engagement, and retention.

 

Resources for Employers