The new Parental Bereavement (Leave and Pay) Act 2018 gives a legal entitlement to two weeks’ leave for bereaved parents from 2020. This will be implemented in stages and, at present, many details are unclear, but we do know that following the death of a child under the age of 18 or a stillbirth after 24 weeks of pregnancy there will be an entitlement to the leave and ‘statutory parental bereavement pay’. The entitlement is unlikely to be for full pay, and the leave must be taken within 56 days of the death. Leave must be taken in one week blocks, but these can be continuous or not, as appropriate.
Where the death of more than one child is involved a separate entitlement will apply to each and, as the regulations are published, it is expected that greater clarity will emerge as to what defines a qualifying parent.
Women are already entitled to up to 52 weeks of statutory maternity leave and/or pay following a stillbirth after 24 weeks, and the death of a child born alive does not affect maternity leave.
As important as this legislation is, you may be wondering what happens about other bereavements – the loss of a parent, spouse, etc. To date the only other entitlement to leave of any kind following bereavement has been a limited period to deal with such practicalities as arranging a funeral. This is covered by the Employment Rights Act 1996 but, importantly, it makes no allowance for the grieving process and gives no right to compassionate leave.
The Equality Act is important to consider here as, under its terms, employers are expected to make reasonable allowances following bereavement, to guard against treating certain employees more favourably than others, whatever the reason, to make allowance for religious observances, and to be willing to adjust as reasonable for the potential effect of bereavement on an employee’s mental health. Employers are also, of course, expected to act as appropriate to reduce stress at such times.
For many employers the new legislation may add nothing to the compassionate leave policies they already have in place. In May 2018 ACAS published guidance in ‘Managing bereavement in the workplace’ and this may prove of great use to employers in times of uncertainty. What no legislation or policy can fully address, ultimately, is that each person deals with bereavement in their own way. The conscientious employer will always, therefore, work with the employee to ensure that they are supported and treated as fairly as possible without causing detriment to the business.
Have a question about bereavement leave? Contact Alison via email for more information.
