Eligibility for Parental Bereavement Leave and Pay

To qualify for Parental Bereavement Leave and Statutory Parental Bereavement Pay, an employee must meet the criteria both as a parent (including if they had day-to-day responsibility) and as an employee. They might not be eligible for both.

Please note: If an employee’s child has died or was stillborn before 6 April 2026, you should follow the legislative guidance for Parental Bereavement Leave and Pay - claims before 6 April 2026.

If the employee was the child’s parent or the parent’s partner

An employee will be eligible if, at the time of the child’s death or stillbirth, they were:

• the child’s or baby’s parent - either biological, adoptive, or parent of a child born to a surrogate
• the partner of the child’s or baby’s parent

Biological parents are not eligible once an adoption or parental order has been made unless there was a contact order in place after the adoption.

If the employee was not the child’s parent but had day-to-day responsibility for the child

An employee may be eligible if they or their partner had:

• the child or baby living with them at their home for 4 continuous weeks, ending with the date of the death
• day-to-day responsibility for the child's or baby’s care during that time

If the employee, or their partner, was paid to look after the child, they’re not entitled to leave or pay unless they were:

• a foster parent paid a fee or allowance by a local authority
• reimbursed for expenses related to the care of the child or baby
• getting payments under the terms of a will or trust for the child's or baby’s care

An employee is not eligible if one of the child's or baby’s parents or someone who had parental responsibility for the child was also living in the household.

If the employee was an adoptive parent

If they or their partner was an adoptive parent, an employee is eligible:

• after the adoption order was granted
• before the adoption order was granted, if the child was placed with them for adoption and the placement was not disrupted (for example, being temporarily placed elsewhere) or stopped

If the employee was an adoptive parent of a child from outside the United Kingdom

If the employee or their partner were adopting a child from outside the United Kingdom and the court order had not yet been made, they may still be eligible. Both of the following must apply:

• the child was living with them after entering the UK
• they have an ‘official notification’ confirming they were allowed to adopt

If the employee had a baby with the help of a surrogate parent

If they or their partner were a parent of a child born to a surrogate, an employee or worker is eligible:

• after a parental order was made
• before a parental order was made, if they had applied or intended to apply for a parental order within 6 months of the child’s birth, and expected it to be granted

In cases of miscarriage

An employee will be eligible if they have experienced a miscarriage, meaning an employee will be eligible if they have declared to you that they have experienced a miscarriage.

An employee will also be eligible if they are closely connected to a woman who has experienced a miscarriage, meaning:

• they would have been the biological parent of the baby (excluding sperm or egg donors who were not the intended parent)
• they would have intended to apply for a parental order (surrogacy)
• they are the current partner of a woman who experienced a miscarriage

Parental Bereavement Leave

To get Parental Bereavement Leave, the employee must also:

• be classed as an employee - it does not matter how long they’ve worked for you
• give you the correct notice for Parental Bereavement Leave

Statutory Parental Bereavement Pay

To get Statutory Parental Bereavement Pay, the employee must be employed by you on the day of the child’s death, stillbirth, or the day the woman who experienced the miscarriage became aware of it.

They must also:

• remain employed by you up to the day the child dies, is stillborn, or on the day that the woman who experienced the miscarriage became aware of it
• earn on average £129 a week (gross) based on actual or expected earnings, or a combination of both
• give you the correct notice for Statutory Parental Bereavement Pay

Use the guidance on manual calculation to check entitlement and to work out the relevant week.

There are special rules for some employee situations, for example, if they leave or become sick.