Jack’s law, for parents who lose a child under 18, will come into force in April, says government

Working parents who suffer the loss of a child will now be entitled to two weeks of statutory paid leave, the government has announced.

Ministers have said the new legal right, known as Jack’s law, is the most generous parental bereavement pay offer in the world and will support 10,000 families a year in the UK.

Expected to come into force from April, it will cover all working parents who lose a child under the age of 18 or have a stillbirth, irrespective of how long an individual has been with their current employer.

The measures have been announced following a campaign by Lucy Herd, whose 23-month-old son, Jack, drowned in a pond in 2010. At the time, his father was only allowed three days off work to grieve, one of which had to be for the funeral.

“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 postmortem or inquest, there is a funeral to arrange and there are many other organisations to contact, from schools to benefit offices,” Herd said.

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“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.”

Dawn Allen’s son Henry was four years old when he died from the childhood cancer neuroblastoma in 2013. While she left her job to help Henry fight the disease, her husband, Mark, had to work throughout Henry’s diagnosis and the couple’s bereavement.

Allen said: “When you are bereaved, it’s the most horrific experience and you live with it for ever, it’s horrible. But Jack’s law will really, really help bereaved families. I think it is something that bereaved parents do need and should have had the option a long time ago.

“Two weeks is never enough but that’s two weeks more than other bereaved parents have got, and it will make a difference. We were lucky enough that Mark was allowed to take unpaid leave, but it was just a few days and it wasn’t at all long enough.”

She said the measure where the two-week leave can be taken either together or in two separate blocks up until the first anniversary of the child’s death is particularly important.

“You may find later on, as the days and the weeks and the months go on, you realise that your child is not coming back and that’s a massive reality check,” she added.

The couple, from Milton Keynes, were supported by Child Bereavement UK after Henry died, and have set up the Henry Allen Trust in his memory to support other families dealing with childhood cancer.

Allen said financial burdens and the fear of losing work often pushes parents back into their jobs before they are ready.

She added: “I think that two weeks will really help some parents just to be together and to grieve, and if there are siblings, to spend time with those siblings as well. You feel like everyone around you just gets on and expects you to get on with your day-to-day life, and sometimes that’s hard for bereaved families.”

Kevin Hollinrake, the MP for Thirsk and Malton, who proposed the law in a private member’s bill, said: “Losing a child is every parent’s worst fear, but no one could ever fully understand the utter devastation of such a loss. While most employers are compassionate and generous in these situations, some are not, so I was delighted to be able to help make leave for bereaved parents a legal right.”

Announcing the law the business secretary, Andrea Leadsom, said: “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.”

Meanwhile, bereavement charities welcomed the change in the law describing it as a significant step forward.

Steven Wibberley, the chief executive of Cruse Bereavement Care, said: “I cannot stress enough how important it is that parents are given time and space to grieve in the aftermath of a child’s death. Support from employers can play a huge part in this. We are pleased the government has laid out the minimum provision for bereaved parents, and we know many employers will go much further than this.”

Alison Penny, a coordinator with the National Bereavement Alliance, said: “Many parents are forced to make hard choices about returning to work at a desperately difficult time following their child’s death, fearing loss of pay or job security if they take time off.

“We welcome the significant step the government has made in introducing minimum provision for parents, and would like to see employers demonstrate a genuine commitment to grieving colleagues by treating them compassionately and with the support they need.”