Skip to main content

News story

December 1, 2018

Parental bereavement (leave and pay)

On 13 September 2018, a new workplace right to paid leave for bereaved parents was implemented.

This new entitlement is expected to come into force in 2020 and will give all employed parents a right to two weeks’ leave if they lose a child under the age of 18 or suffer a stillbirth from 24 weeks of pregnancy.

In the past, there was no legal right to paid leave, and it fell to the discretion of the employer.

Employed parents will be able to claim statutory parental bereavement pay for the period of leave if they meet the eligibility criteria.

In summary, the qualifying criteria for statutory bereavement pay is similar to that of statutory paternity pay. The employee must:

  • be a bereaved parent;
  • be employed continuously for at least 26 weeks, ending with the week immediately before the one in which the child died; and
  • have received normal weekly earnings for the period of eight weeks ending the week immediately before the one in which the child died (subject to limitations).

The new parental bereavement leave must be taken within 56 days of the date of the child’s death.

Employees currently have the right to take a reasonable amount of unpaid time off work to make arrangements following the death of a child (or any dependant). Usually, the amount of time off would be limited to a day or two at most, apart from exceptional circumstances.

This change in the law is, therefore, a first in the UK and reflects support for parents dealing with the tragedy of losing a child.

Coping with grief in the workplace is difficult for both the employee and employer, and it is hoped that the new right will afford a small amount of grace that did not previously exist.

Small employers should be able to recover such payments from the Government, with larger employers being able to recover the bulk of it.

If you’ve been affected by any of the issues in this article, speak to employment lawyer Karen Cole today.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • An Introduction to Private Client Law
    Lasting Powers of Attorney


    Read more
  • Working with freelancers
    In today's evolving job market, more and more professionals are opting for freelance work rather than traditional employment. This shift has prompted businesses to adapt their recruitment practices to accommodate the growing number of freelancers.


    Read more
  • Travelling abroad with a child who has a different surname
    When travelling abroad with a child, parents often question the legal implications, especially if the child has a different surname.


    Read more
  • Why flexibility and rigid rules won’t mix in the workplace
    From 6 April 2024, employees will have the statutory right to request flexible working arrangements from day one of their employment.


    Read more
  • Key aspects of the Chancellor’s March 2024 Spring Budget
    Our experienced solicitors look at the key points of this year's Spring Budget and how they could affect you.


    Read more

What they say...

  • David Barbanel, March 2024
    “Kane has been exceptional in guiding me through a new lease for a commercial property I own. He has advised me brilliantly, picking up various points to discuss, which I hadn’t even thought of… The process was speedy, and he was always

  • Aymeric Disegna, March 2024
    “Very good service from the beginning until the end. We previously dealt with Neil when we purchased the property, and he has been as efficient as the first time when we decided to sell 3 years later.” Residential sales and purchases

  • Michaela & Barry Hyams, March 2024
    “RIAA Barker Gillette, with their offices in Central and North London, epitomizes excellence in conveyancing services. Martin and Sharon, the adept team we worked with, were absolute gems throughout the entire process. Their professionalism and ded

  • Anon, March 2024
    “Professional team, sufficient skills and knowledge, service mind and risk oriented approach.” Corporate and commercial

  • Deborah Anderson, March 2024
    “Charlotte provided excellent service throughout the process of setting up our lasting powers of attorney. Online communication and face-to-face meetings were handled professionally at all times.” Older people and LPAs

Read more
Send this to a friend