Any legislative changes to be aware of?

  • Posted

From 6 April 2020, the Parental Bereavement (Leave and Pay) Act 2018, together with the Parental Bereavement Leave Regulations 2020, create a statutory right to time off work following the loss of a child under 18. This loss includes a stillbirth following 24 weeks of pregnancy.

Parental Bereavement Leave (‘PBL’) may be taken as a single whole week, two consecutive weeks, or two weeks taken separately. PBL may be used at any time in the 56 weeks after the child’s death or stillbirth. It is only available to employees.

Employees who take PBL may also be entitled to Statutory Parental Bereavement Pay (‘SPBP’), in accordance with the 2018 Act and the Statutory Parental Bereavement Pay (General) Regulations 2020. SPBP is paid at the same rate as other statutory payments, such as shared parental leave and paternity pay.

To be eligible for SPBP, the employee must be a “bereaved parent” with at least 26 weeks’ service and meet the minimum earnings criteria.

Employees are required to give prescribed forms of notice to their employers to claim PBL and SPBP.