robbryanassociates

New Rights for Bereaved Parents

In Employment law on January 27, 2020 at 1:15 pm

The government has confirmed that parental bereavement leave will become a statutory right from April 2020.

Up until now, whether organisations provide time off work as bereavement leave when employees suffered the loss of a child, and any payment for this leave period, was an individual decision made within each business. The new legislation, also known as Jack’s Law following a campaign by bereaved mother Lucy Herd, will give a day one right to two weeks’ leave following the death of a child under the age of 18, or a stillbirth after 24 weeks of pregnancy.

Parents will be able to take the leave as two weeks or two one-week blocks. Those with 26 weeks continuous employment will be able to claim statutory pay which is expected to be in line with other family related pay. As of April, these rates will rise to £151.20.

There are still details to be confirmed including rules on eligibility, but the new regulations are expected to include:

  • birth parents
  • adoptive parents
  • legal guardians
  • those with court orders providing daily care responsibilities
  • foster parents (although it may not include emergency foster care)
  • kinship carers.

Employers should note that the introduction of statutory parental bereavement leave does not replace an employee’s right to time off for dependents.  The difference between these entitlements is that time off for dependants is intended to allow employees leave to deal with an unforeseen emergency only, such as the unexpected death of a child, whereas parental bereavement leave is to provide a length of time off work to allow parents to undergo the grieving process following their child’s death. The employer should also consider ongoing ways in which a bereaved parent can be supported once they return to work.

Action: these changes should be reflected in your next updates and revisions to your employment documents. When was the last time you updated yours? Contact Rob Bryan Associates on 01462 732444 for advice

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: