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Posts Tagged ‘Family Rights’

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

Right to Request Flexible Working Extended to All Employees

In Uncategorized on March 24, 2014 at 10:10 pm

Right to Request Flexible Working Extended to All Employees

Key details

Due to come into effect from 30th June 2014, the right to request a flexible pattern of work is amended by:

extending the right to request flexible working to all employees (not just those with parental responsibility for a child, or caring responsibilities for an adult);
replacing the requirement for the employer to deal with the request in accordance with the statutory procedure with a requirement to “deal with the application in a reasonable manner”; and
requiring the employer to notify the employee of its decision within a “decision period” of three months of the application (or longer if this is agreed).
The 26-week qualifying period for employees to make a request for flexible working is retained along with the restriction that employees can only make one flexible working request in any 12-month period.

Acas has produced a draft non-statutory booklet that provides good practice guidance for employers in dealing with such requests and this can be accessed via the following link:

Click to access Handling-requests-to-work-flexibly-in-a-reasonable-manner-an-Acas-guide.pdf

The opening up of the eligibility criteria for the right to request flexible working is likely to lead to some fairly high profile coverage in the media nearer the implementation date, so employers are advised to prepare themselves for a possible influx of applications soon after 30th June 2014. Further advice and guidance on the subject can of course be obtained from your consultant.

Rob Bryan Associates
http://www.robbryanassociates.org.uk
rob@robertbryan.co.uk chris@robertbryan.co.uk