Law guide: Workplace

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Statutory parental bereavement pay

Statutory parental bereavement pay

Qualifying for statutory parental bereavement pay

You will qualify for statutory parental bereavement pay (SPBP) if you have:

  • A qualifying relationship with the child.
  • At least 26 weeks' continuous employment with your employer by the week immediately before the week your child dies. The week begins on a Sunday and ends the following Saturday.
  • Average weekly earnings at or above the Lower Earnings Limit (LEL) for National Insurance contributions by the end of the qualifying week.
  • Given your employer notice (in writing, if requested) of the date from which you want to start receiving SPBP, either by the start date or at least 28 after it. You can give them this notice at the same time as your notice for taking the leave itself. If it is not reasonably practicable to give this notice in time, you should give it to your employer as soon as possible.
  • Given your employer a written declaration (if requested) that you have a qualifying relationship with the child, and the date they died or was stillborn

You won't be paid SPBP if you are receiving sick pay.

Pay rates

SPBP is payable at either the statutory weekly rate (see the current rate here), or 90% of your average weekly earnings – whichever is lower.

  • 90% of your average weekly earnings.

Stopping SPBP

You can stop being paid SPBP if you've:

  • died;
  • worked for your employer during the SPBP week; or
  • are in police custody or have been sentenced to time in prison, unless
    • you're released without charge;
    • found not guilty and released;
    • convicted but not sentenced to time in prison;
    • or your prison sentence is suspended.

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