Hugh’s Law — statutory paid leave for parents of critically & seriously ill children

On 12 January 2026, Brentford FC became the first organisation to officially adopt the principles of Hugh’s Law and provide paid leave and job protection for the parents of critically or seriously ill children.

This is a major milestone in the Hugh’s Law campaign with potentially significant implications for both employers and employees.

Here, Will Hardwick outlines the proposals of Hugh’s Law as well as its current legal status.

What is Hugh’s Law?

Hugh’s Law is a campaign run by Ceri and Frances Menai-Davies who tragically lost their six-year-old son Hugh in 2021 after a ten-month struggle with a rare form of cancer. The couple have consistently led calls for improved statutory support for parents who are forced to leave work to care for their child.

Ceri and Frances had to commute daily from their home in Hertfordshire to Addenbrooke’s Hospital in Cambridgeshire for Hugh’s treatment. This meant that one of them would have to leave work to care for Hugh during treatment, which consequently cut the household income by half — something that significantly impacts many parents of critically or seriously ill children.

The campaign was built on the work that Ceri and Frances had done through their ‘It’s Never You’ charity to provide mental, emotional and financial support to parents of children with cancer. 

What options are currently available for parents of seriously ill children?

If a newborn baby is unwell within the first 28 days of their life, parents are entitled to paid leave under the Neonatal Care (Leave and Pay) Act and various related regulations. However, if a child is diagnosed with a serious illness after this period, parents no longer have access to such support — leaving them to “rely on the compassion and goodwill of employers”, as Ceri told the BBC.

As a result, unless their employer offers more favourable support, parents of seriously ill children must currently rely on:

• Unpaid parental leave (up to four weeks a year).
• Unpaid carer’s leave (up to five days a year).
• Right to request flexible working (up to two requests in any 12-month period)
• Unpaid time off for dependants (reasonable time necessary in relation to their dependants).
• Disability Living Allowance (parents can’t apply until three months after diagnosis, leaving a 90-day gap for financial support).
• Universal Credit.

In addition, employees may have certain protections under the Equality Act 2010 if their child’s illness meets the definition of a disability for the purposes of this legislation.

Should their child die, parents would be entitled to take one or two weeks of statutory parental bereavement leave. Provided that they meet the eligibility requirements, they may also be entitled to receive statutory parental bereavement pay. 

Proposals under Hugh’s Law

• ‘Serious Childhood Illness Leave and Pay’ would take effect from day-one of a child’s diagnosis and protected in a similar way to other family leave rights.
• Equivalent protections to neonatal care leave would be extended to all children diagnosed with serious illness after 29 days of life until they reach 16 years of age.
• Parents taking leave would receive full job protection, ensuring that they can’t be dismissed, demoted or disadvantaged for taking time off to care for their critically ill child.

Government involvement & current status

It’s estimated that around 4,000 children a year have a hospital stay of two months or longer and that the costs of caring for each critically ill child is around £750 a month per affected family. Agreeing to cover the costs of the 90-day gap to accessing financial support would reportedly cost the government £6m annually, with the uptake depending on how ‘seriously ill’ is defined. 

At the time of writing, Hugh’s Law hasn’t been introduced as a Government bill. Amendments to the Employment Rights Bill (now the Employment Rights Act) relating to Hugh’s Law had been previously blocked in the House of Lords in July 2025. The Government announced in autumn 2025 that a consultation on Hugh’s Law will form part of the Carer’s Leave Review.

Hugh’s Law: implications for employers?

If Hugh’s Law is written into law or if the principles of Hugh’s Law start to become widely adopted on a voluntary basis, employers will need to consider taking steps.

These may include:

• Integrating a new category of leave into HR systems, payroll and contracts.
• Updating policies to reflect a day‑one entitlement to Serious Childhood Illness Leave and Pay.
• Preparing for increased obligations to maintain employees’ roles (or substantially equivalent roles) during prolonged periods of leave.
• Preparing for increased salary costs due to the statutory paid leave obligation.
• Preparing for resourcing pressures, particularly for smaller organisations where roles are specialised.
• Developing contingency staffing plans for sudden, unpredictable absences due to employees having to care for a seriously ill child.
• Training managers and HR teams to handle sensitive conversations with affected employees and ensure that the principles/legal rights are correctly applied.
• Reviewing longer-term strategies such as workforce planning, budget modelling and contractual frameworks in anticipation of staff being affected by this policy.

Are you considering adopting the principles of Hugh’s Law?

Hugh’s Law aims to recognise the impact that a traumatic diagnosis can have on parents’ mental health, finances and personal lives. For employers, it offers the chance to demonstrate their compassion, team culture and employer brand — and perhaps more importantly, strengthen morale and trust among employees.

Campaigners hope that Brentford’s decision will prompt other organisations to adopt similar principles now, rather than waiting for legislation to come into force. By taking the initiative, Brentford is showing that organisations can be progressive and take steps to get ahead of legal changes.

If you’re considering implementing a Hugh’s Law policy or any other significant change to your contracts, policies or procedures, our award-winning employment team is here to support and advise you. We always tailor our guidance around your organisation’s unique needs, objectives and culture to ensure that your approach is the right ‘fit’ for your people.

Talk to our team by calling 0333 004 4488, emailing hello@brabners.com or completing our contact form below.