Parental Bereavement (Leave and Pay) Bill

The Parental Bereavement (Leave and Pay) Act 2018 has received Royal Assent and will provide a right for bereaved employees to have two weeks away from work.

All of the finer details are to be included within the supporting Regulations (which have not yet been published). However, what we do know from the Act is:

  • The rights will apply to all employees from day-one of employment.
  • The new laws will give bereaved employees two weeks’ paid leave if they lose a child under the age of 18. This right extends to a child stillborn after 24 weeks of pregnancy.
  • Whilst we know that the employee must be a “bereaved parent”, it is not yet known who exactly this will apply to. The Regulations will include the conditions required for an employee to be entitled to leave under this Act, but it is expected that these will make reference to whether the employee cared for the child before the child’s death.
  • Employees with a minimum of 26 weeks’ continuous service will be eligible for statutory parental bereavement pay. It is not yet known how much this pay will be.
  • The rights cannot be contracted out of and any agreement purporting to do so will be void.

It is expected that the Regulations will be introduced (bringing the Act fully into force) by April 2020.

Date Published: 26 July 2018

Parental Bereavement (Leave and Pay) Bill

The third reading of the Parental Bereavement (Leave and Pay) Bill took place on 24 July 2018. This was the final chance for the Lords to change the Bill and no amendments were made.

As both Houses have agreed on the text of the Bill it now waits for the final stage of Royal Assent when the Bill will become an Act of Parliament. A date for Royal Assent has yet to be set.

The Parental Bereavement (Leave and Pay) Bill 2017 seeks to introduce two weeks’ paid leave (paid equivalent to the statutory entitlement to maternity or paternity pay) for any employee who suffers the loss of a child

The aim is for the Parental Bereavement (Leave and Pay) Bill to become law in 2020.

Date Published: 6 April 2018

Parental Bereavement (Leave and Pay) Bill

The Government has announced a consultation into Parental Bereavement (Leave and Pay) Bill.

The aim of the consultation is to shape its Parental Bereavement (Leave and Pay) Bill, which is currently being considered in parliament.

The Bill was first published in parliament in October 2017 and initially proposed that employees with a minimum of 26 weeks’ service would be eligible for a statutory rate of parental bereavement pay, for which employers would be able to reclaim some or all of the cost.

The consultation will focus on:

  • the definition of a bereaved parent
  • how and when parents might take leave
  • what kind of notice or evidence they might have to provide.

One question it proposes, for example, is whether step parents should be covered by the right, or “others who have a long term relationship with a child which is parental in nature, but who are not the child’s legal parents”.

The consultation states: “We welcome views from working parents, employers, groups representing working parents and employers, groups involved in bereavement care, and legal, HR and payroll professionals.”

“It will be important to strike the right balance between allowing as much flexibility as possible for bereaved parents with varying needs to grieve, and the need for employers to have a degree of certainty over when and how their employees can take Parental Bereavement Leave and Pay.”

The consultation can be accessed here, and closes on 8 June 2018.

Date Published: 13 October 2017

Parental Bereavement (Leave and Pay) Bill

The Parental Bereavement (Leave and Pay) Bill has now been made publicly available.

Currently, whilst employers are expected to be understanding and flexible, there is no legal obligation to allow parents paid time off to grieve.

The new Parental Bereavement (Leave and Pay) Bill will make it compulsory for employers to offer two weeks of paid bereavement leave to parents after the death of a child under the age of 18 or in full-time education. Those who have 26 weeks’ continuous service will also benefit from statutory parental bereavement pay, the cost of which employers will be able to recover from the Government

The Parental Bereavement (Leave and Pay) Bill states that grieving parents must be paid no less than 90 per cent of their average weekly earnings, or £139.58 per week (which was the statutory weekly rate in force at the time the Bill was originally published, but is currently £140.98), whichever is lesser. This amendment could help parents deal with the financial implications of bereavement, including paying for funeral arrangements.

The Parental Bereavement (Leave and Pay) Bill awards the Secretary of State the power to extend the regulations to include a stillborn child after twenty-four weeks of pregnancy.

What Will Happen Next?

A second reading of the Parental Bereavement (Leave and Pay) Bill is scheduled for 20 October 2017. This will be the first time that MPs will debate the general principles of the Bill in the House of Commons.

Once the second reading is complete the Parental Bereavement (Leave and Pay) Bill will proceed to the committee stage. This is where each clause and any proposals for changes to the Bill may be debated.

The aim is for the Parental Bereavement (Leave and Pay) Bill to become law in 2020.

Date Published: 27 July 2017

Parental Bereavement (Leave and Pay) Bill

The Parental Bereavement (Leave and Pay) Bill proposes to allow parents a statutory right to two weeks of paid leave after suffering the loss of a child.

The Parental Bereavement (Leave and Pay) Bill was introduced into the House of Commons on 19 July 2017 but has not yet been made publically available.

It is a Private Member’s Bill which often means that it’s unlikely to make the statute books due to lack of Parliamentary time. However, this particular Bill may be different as it meets a Conservative party manifesto commitment and is therefore fully supported by the government.

Over the summer there will be consultation with employers, employee representative and campaigners to gain a better understanding of the needs of bereaved parents and employers. A second reading of the Bill is due in the Autumn buy which time we will know more detail. As yet, there is no indication as to when this will become law.

Date Published: 9 November 2016

Parental Bereavement (Leave and Pay) Bill

Background

Earlier this year, the National Council for Palliative Care issued a new programme to support businesses in dealing with employees suffering from bereavement. This was a result of research which suggested that 56% of people would leave their job if their employer did not provide proper bereavement support. Following on from this, a Private Member’s Bill has been introduced to specifically address Bereavement Leave for parents on the death of their child.

This Bill is a Private Members Bill and follows earlier (and unsuccessful) calls in 2013 and 2014 for the introduction of specific statutory rights for Bereavement Leave.

Currently, employees who have suffered a bereavement can only rely on the existing statutory right to take a ‘reasonable’ period of time off to deal with an emergency, such as a bereavement involving a dependent, or an employer’s policy in this area, if they have one or discretion if they don’t have one.

Technically time off to care for dependants only provides emergency unpaid leave and is specifically to take action necessary as a consequence of the death of a dependant. The type of action contemplated by the statute is arranging the funeral or registering the death. Therefore employees needing a longer period of time to cope with the emotional reaction reaction to a death resort to taking a combination of sick leave, holiday and unpaid leave.

The Parental Bereavement (Leave and Pay) Bill

The Parental Bereavement (Leave and Pay) Bill seeks to amend the Employment Rights Act 1996 by introducing two weeks’ paid leave for any employee who suffers the loss of a child. It is expected that pay would be equivalent to the statutory entitlement to maternity or paternity pay.

The Bill points out a current inconsistency in the law, in that a mother whose child is still-born is still entitled to take the full period of maternity leave and the father to paternity leave, but if their child died at a later age such as two years old, they would not have any statutory entitlement to leave.

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Introducing a statutory framework for Bereavement Leave will avoid the potential for inconsistency, which as a minimum could affect staff morale and in more serious cases, lead to discrimination claims. Some larger employers, such as Asda, Heinz and Unilever already provide ten days’ paid leave, with the suggestion that this is a benefit that many staff never need to use and so it is unlikely to be abused.

There is also a separate issue relating to the different religious approaches to bereavement. In Hinduism, when a death occurs, relatives are required to observe a 13-day mourning period after cremation. In Judaism, family members are required to stay at home for seven days of mourning after a death. Whilst employers could use their discretion when dealing with an employee of a certain religion to avoid discrimination, having a clear statutory framework as a starting point may help to avoid issues in this area.

The current proposal for two weeks’ leave would leapfrog the UK ahead of other countries – currently Canada provides three days’ paid leave, provided an employee has three months’ service, Israel provides seven and Albania provides five – and there has been some concern that this is too long.

Clearly some employees will want to get back to work quickly after a bereavement, to avoid isolation at home and assist with carrying on with their lives, whilst others will not feel able to cope for some time. There is also the issue of who the leave should cover – should you just be entitled to take leave on the death of a child? Statistically, many more people of working age will lose a parent, so allowing paid time off when a parent dies is likely to have a bigger impact on businesses. This is obviously a complex and highly sensitive area and it will be difficult for the government to legislate appropriately for all individual circumstances.

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