The death of a child is a sad and devastating loss for any family. The employer should handle the situation with care and compassion. Employees' mental health is important, and employers should provide support if needed.
The law that applies to this difficult area is the Parental Bereavement (Leave and Pay) Act 2018. It covers parents and primary carers who have suffered the death of a child below the age of 18 years. Employees will be entitled to statutory parental bereavement leave and statutory parental bereavement pay.
Parental Bereavement Leave entitles the employee to two weeks' leave. The right applies to parents and primary carers from the first day of employment. The leave can be taken in a block of two weeks leave or as two separate one-week leave periods. The leave does not have to be taken immediately. It can be taken within 56 weeks of the date the child passed away. The employee must give the employer notice before taking parental bereavement leave.
Where there has been the loss of more than one child, the employee will be entitled to parental leave and pay for each child that has passed away. The legislation protects employees’ contractual rights during the leave period. Employees will also still accrue annual leave and have the right to return to work.
To qualify for bereavement, pay, the parent or primary carer must have had continuous employment for a period of 26 weeks before the bereavement. They must have received pay above the lower earnings limit for the previous eight weeks. The current rate of parental bereavement leave is either £156.66 a week or 90% of their average weekly earnings, whichever is the lower amount. Where an employee does not qualify for the paid parental bereavement leave, they will instead get 2 weeks of unpaid parental bereavement leave.
The legislation defines primary carers to include foster parents, adopters, and guardians. It will also cover others, such as a close relative or family friend who has assumed responsibility for a child in the absence of the parent or parents. The legislation will be applicable to employees who suffer a stillbirth after 24 weeks of pregnancy and continue the 52 weeks of maternity leave and pay.
Employers should look at their current bereavement policy to ensure it is compliant. Quest can help you bring your HR documents up to date. Please contact Quest for further information.
This article is for guidance only, and if you have a particular situation with your employee, please contact the Quest Advice Line for legal advice at 0116 274 9193.
