Parental Bereavement (Pay & Leave) Bill Published

Parents who are in employment and have suffered the loss of a child may receive paid time off work to grieve as the Government publishes The Parental Bereavement (Pay & Leave) Bill 2017-19.

Although this is a Private Members’ Bill, it has received Government backing so is likely to become law. The proposed legislation would amend ERA 1996 and the Social Security Contributions and Benefits Act 1992 giving the Secretary of State power to make regulations to give employees who lose a child below the age of 18 (including a still birth after 24 weeks) the right to:

  • At least two weeks’ leave (irrespective of their length of service). The leave will not impact existing rights to leave or pay (such as parental leave or maternity pay). If a parent loses more than one child, employees will be entitled to leave in respect of each child (clause 80EA, ERA 1996).
  • At least two weeks’ statutory bereavement pay. Employees with at least 26 weeks’ service will be entitled to be paid the prescribed rate or 90% of their average earnings (whichever is lower) (clauses 171ZZ6 and 171ZZ9, Social Security Contributions and Benefits Act 1992). The Bill entitles employers to reclaim some, if not all, payments from the government.
  • Employees will be protected from detriment, redundancy and dismissal as a result of them taking bereavement leave (80EC, ERA 1996).

If all legislative stages are completed, regulations are expected to be introduced in 2020.

For more information, please contact Nelsons’ Employment Law team via our online form or call 0800 024 1976.

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