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UK Parental Bereavement Leave – New Rights To Leave And Pay
The UK Government has finalized the legislation to implement an entitlement to 2 weeks’ paid bereavement leave for working parents who lose a child under the age of 18. The new right will come into force with effect from April 6, 2020.
Current Scenario
UK employers are not at present legally required to provide paid leave for grieving parents. Employees merely have the right to take a ‘reasonable’ amount of unpaid time off work to deal with an emergency, which would include the death of a dependent (section 57(A) of the Employment Rights Act 1996).
New Parental Bereavement Law
In summary, the legislation provides for:
Who Are Eligible to Apply?
Notice Requirements
An employee must give his or her employer notice of his or her intention to take any absence from work as parental bereavement leave specifying:
Amount of Leave and Pay
A qualifying employee is entitled to 2 weeks’ PBL, with the minimum period of leave being 1 week. This means that the employee can take only 1 week, two periods of 1 week each, or 2 weeks’ consecutive leave. If employees lose more than one child, they entitled to 2 weeks’ PBL in respect of each child – this includes situations where the children have died at the same time.
PBL can be taken at any time within a period of 56 weeks beginning with the date the child died, which allows for employees to take time off around difficult periods such as the child’s birthday or the anniversary of their death.
Practical Steps for Employers
It is recommended that employers review and update their family and compassionate leave policies and practices ahead of the Parental Bereavement (Leave and Pay) Act’s expected implementation.