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Work out how much leave the surviving partner can take when the mother, main adopter or main intended parent of their child dies, and the dates it has to run between.
It decides which date the year is measured from.
The leave has to finish inside the 52 weeks that follow, so this date sets the outer limit.
The leave starts the day after. Deaths before 6 Apr 2026 are not covered.
Leave available
0weeks
This one runs backwards. The leave has to finish inside the child’s first year, so the later the death, the less there is. Two quick steps: how and when the child joined the family, then when the leave starts. The dates appear here as a step by step timeline.
Every statutory leave, on one payrun
Moonworkers holds the dates against the employee, keeps the unpaid weeks off the payslip without breaking continuity, and files everything else through your FPS and EPS.
Unlike every other statutory leave, this one runs backwards from a fixed end point rather than forwards from a start.
Step 1
Measured from the birth, from the adoption placement, or from the arrival in Great Britain. The leave has to finish inside it.
Step 2
That is the earliest the leave can start. Whatever is left between that day and the end of the year is the entitlement, in whole weeks, capped at 52.
Step 3
It cannot be split, and it carries no statutory pay. Anything the employer pays is contractual and cannot be reclaimed.
See also the paternity leave entitlement calculator and the parental bereavement leave entitlement calculator.
Leave for the surviving partner when the mother, main adopter or main intended parent of their child dies, so that the child still has a parent at home for its first year. It applies to deaths on or after 6 April 2026 in England, Scotland and Wales.
Up to 52 weeks, but it depends on timing. The leave starts the day after the death at the earliest and has to finish inside the year that follows the birth, the adoption placement or the arrival in Great Britain. A death when the child is 3 weeks old leaves 49 weeks; a death when the child is 9 months old leaves about 13.
No. There is no statutory pay attached to it at all. An employer can offer contractual pay, but unlike maternity, paternity, adoption or neonatal care pay, none of it can be reclaimed from HMRC.
The child's father, or the spouse or partner of the mother, the adoptive parent or the intended parent in a surrogacy arrangement. They need the main caring responsibility for the child and must be taking the leave to care for them. It is a day-one right, so length of service, hours and pay make no difference.
If it falls in the 14 days before the first birthday, or the first anniversary of the placement or arrival, there is a short version instead: up to 2 weeks, which has to finish within 14 days of the death.
No. It has to be taken in one continuous block. It can sit before or after other statutory parental leave, including leave for another child, and can even be taken between two booked blocks of shared parental leave.
If the leave starts within 8 weeks of the death, notice before they are due to start work on the first day, informally if they prefer, and no return date is needed until the end of those 8 weeks. If it starts later, at least one week in writing. No evidence can be asked for, including a death certificate.
The leave has to end within 8 weeks, counted from the Sunday after the child’s death, unless the employer agrees otherwise. The same applies if an adopted child is no longer in the employee’s care. Statutory Parental Bereavement Leave and Pay may follow afterwards.
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