Parental (Leave and Pay) Bereavement Bill 2018

02 October 2018

Government consultation into bereavement pay

The government began its consultation, into bereavement pay for parents who lose a child, in October 2017.  The Bill has now received Royal Assent and is likely to come into force in 2020.

The Act will give rights to two weeks paid leave after the death of a child under the age of 18, or a stillbirth from 24 weeks of pregnancy.  The right begins from the start of employment.

Until now there has been no legal obligation on employers to pay their employees in these circumstances, although it is more often than not the case, that most do.  The Dependant Leave Regulation was the closest the government came to allowing time off for parents in relation to their children but that is unpaid and is to deal only with emergencies.

Despite this being a break-through it has not been altogether well received.  Some Charities that had supported the bill in its early stages have had their criticisms of the new legislation.

Maternity Action weighed in on those who are not parents but that have a parental relationship with the child saying: …’the Bill takes a narrow approach to the people who may have a parental relationship with the child. For example, there may be siblings or grandparents who have assumed caring responsibilities but who do not have legal parental responsibility for the child. Another feasible scenario where the definition of parent may fail to cover those who need it, is where the child has been residing with foster-parents in which case all those with a relationship to the child should be entitled to the leave’.

The final version of the Act has yet to be published and therefore the finer detail is not yet known.

If you have any questions regarding this, attendance management or other HR issues please contact the advice line.  If you do not have access to our advice lines please call 01455 852028.

 

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