Upcoming changes from April 2020: Parental Bereavement Leave and Pay

30/03/2020 10:12
The Parental Bereavement (Leave and Pay) Act is due to come into force in April 2020.

Entitlement:

The upcoming changes will entitle employees who lose a child under the age of 18, or suffer a stillbirth from the 24th week of pregnancy, to two weeks’ unpaid leave, as a right from day one of their employment. The period of leave may be taken during 56 weeks after the death or stillbirth. 


Eligibility:

It will be available to only employees and as noted above, it will not require a period of minimum service. The affected employee(s) will need to have suffered the loss of a child under the age of 18, or suffer a stillbirth from the 24th week of pregnancy.


The child’s parent(s) will include:
  • Adoptive parents
  • Perspective adopters
  • Intended parents under a surrogacy arrangementent
Required Notice:

It is key to note that notice does not need to be provided in writing. The employee must give the employer details of the date of death or still-birth, the date on which they seek to start their leave and whether they intend on taking a week or the full 2 week period. 


If an employee seeks to have their leave start within the first 7 weeks of suffering the loss, then they will need to advise their employer before the time they are due to start work on the day they wish for the leave to start. If leave is to be taken between 8 to 56 weeks, then at least 7 days’ notice is required. 

Leave can be cancelled and re-arranged as per the same notice provision above.
Pay:
Only employees or paid office holders with at least 6 months continuous service, and they must also have been employed until at least the day of the death or stillbirth. Pay will be paid at the same rate as statutory paternity pay or shared parental pay. At present it is £148.68, but will increase to £151.20 from April 2020. 


Practical Steps:
  • Best practice would dictate that it is the ideal position to have a policy in place dealing with parental bereavement leave and pay. 
  • Where there are other ancillary polices such as a Compassionate Leave Policy, it would be advisable to check these and ensure that they are updated accordingly in relation to leave and pay arrangements. 

Credits: Paida Dube, Employment Solicitor  - DavidsonMorris

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