Bereaved parents entitled to time off with pay as of 2020

Rights for Bereaved parents

The Parental Bereavement (Leave and Pay) Act 2018 was passed last month (September 2018), and it’ll entitle newly bereaved parents of children to time off with pay. There isn’t yet an instatement date for the new Act, but it’s expected to come into force via Regulations in 2020.

Before the Act’s introduced, the following Regulations must be specified with regards to statutory parental bereavement leave:

  1. What constitutes a bereaved parent
  2. How much bereavement leave can be taken, and how and when it must be taken
  3. Details around leave entitlements where more than one child has passed
  4. In the event of a stillbirth after 24 weeks, the death of the child should be read as the birth of the child
  5. What rights employees have during and after parental bereavement leave, including redundancy situations
  6. The type of evidence required around the relationship between the bereaved and the child
  7. Any requirements in place around notices and record-keeping.

And for statutory parental bereavement pay, the Regulations must specify:

  1. Employees must first qualify for statutory parental bereavement leave
  2. Employees must have been in employment for 26 weeks prior to the week of the child’s death
  3. Employees must be above the lower earnings limit for the eight-week period prior to the week of the death
  4. The rate and duration of pay – the former could be fixed or earnings-related
  5. Details around pay entitlements where more than one child has passed
  6. The form and timings to be used when lodging a claim for statutory parental bereavement pay.

Who do the regulations apply to?

The new statutory parental bereavement leave Regulations will modify the Employment Rights Act 1996, which means they’ll only apply to businesses in Great Britain. It is, however, likely that Northern Ireland will mirror the Regulations at some point.

We’re here to help

If you’ve got any questions about what the new Regulations mean for you and your business and you’re a Citation client, remember, our HR & Employment Law experts are available 24/7 with our advice line.

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