Parent's Leave and Benefit Act 2019

Entitlement of employed surviving parent to leave on death of relevant parent

16. (1) Where a relevant parent who was an employee entitled to parent’s leave in relation to a child dies on or before the expiration of the period of the entitlement concerned, an employee who is a surviving parent of the child shall be entitled to leave (in this section referred to as “transferred parent’s leave”) from his or her employment, to enable him or her to provide, or assist in the provision of, care to the child for a period of 2 weeks or, if applicable, such shorter period of parent’s leave that remained to be taken by the relevant parent under this Part at the time of his or her death.

(2) A period of transferred parent’s leave may comprise—

(a) a continuous period, or

(b) periods each consisting of not less than one week.

(3) Subject to subsection (4), a surviving parent who—

(a) is entitled under this Act to parent’s leave and has not taken such leave, and

(b) becomes entitled to transferred parent’s leave,

may take transferred parent’s leave after the end of the period of parent’s leave concerned.

(4) Entitlement to transferred parent’s leave shall be subject to the surviving parent concerned—

(a) notifying his or her employer in writing (or causing his or her employer to be so notified) not later than 6 weeks before the intended commencement of the transferred parent’s leave of—

(i) the death of the relevant parent,

(ii) his or her intention to take transferred parent’s leave, and

(iii) the length of leave to which he or she believes he or she is so entitled under this Act,


(b) if requested by his or her employer, causing his or her employer to be supplied, as soon as reasonably practicable, with a copy of the death certificate made in respect of the relevant parent.

(5) A notification under subsection (4) may be revoked by a further notification in writing given by or on behalf of the surviving parent concerned to his or her employer within the period specified in that subsection for the giving of the notification concerned.

(6) A reference in subsection (1) to a relevant parent entitled to parent’s leave includes a reference to a relevant parent who would be so entitled but for the fact that he or she did not give a relevant notification to his or her employer.

(7) Sections 7 and 13 to 15 shall apply to a surviving parent who is entitled to, or is on, transferred parent’s leave as they apply to a relevant parent who is entitled to, or is on, parent’s leave and a reference in those sections to a relevant notification shall be construed as a reference to a notification by a surviving parent under subsection (4)(a) .

(8) Where a surviving parent takes parent’s leave in accordance with subsection (2)(b), a reference in subsection (3) to parent’s leave shall be construed as a reference to the last period of such leave.