Losing a child is every parent’s worst fear and it is essential that parents are given time to grieve and deal with practicalities in the aftermath of a death. Parents may be forced to make hard choices about returning to work at a desperately difficult time, fearing loss of pay or job security if they take time off.
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Bereavement leave for parents introduced from 6 April 2020
The Government has therefore announced a new bereavement leave which will allow parents to take two weeks’ leave in the event of a child’s death.
The new law (known as Jack’s Law in memory of Jack Herd, whose mother Lucy Herd campaigned for parental bereavement leave) will take effect from 6 April 2020 and allows parents who suffer the loss of a child to take 2 weeks’ paid leave from work.
When would I be entitled to take bereavement leave?
• The entitlement arises on the death of a child under 18. This includes a stillbirth after 24 weeks of pregnancy.
• It applies to the child’s parents which is much wider than just biological parents. It also includes:
o adoptive parents;
o prospective adopters;
o intended parents under a surrogacy arrangement;
o a parent “in fact” (someone looking after the child in that person’s own home for the last four weeks e.g. guardian, foster parent);
o the partner of any of the above.
• The right applies to employees, regardless of how long they have been employed for. However it does not apply to those who are workers e.g. agency workers, or self-employed.
“In the UK, around 7,500 child deaths, including around 3,000 stillbirths, occur every year. The Government estimates that this new right will help to support around 10,000 parents a year.”
How much leave can be taken?
A parent in this situation is able to take up to two weeks’ leave. This can be taken in one block of 14 days or two separate blocks of 7 days each. It can be taken at any time during the 56 weeks after the death or stillbirth of a child. This gives flexibility to use the leave at different times for different reasons when needed the most, for example to take the second week around the first anniversary of the death, if a parent wishes to do so.
What information would I need to give to my employer?
The employer must receive notification of:
• the date of the child’s death or stillbirth;
• the date on which their leave will start; and
• whether the employee will take one or two weeks’ leave.
For leave to be taken in the first 7 weeks after the child’s death or stillbirth, the notice requirement is minimal and you must only provide the above information before they are due to start work on the first day of the leave. For leave to be taken later on, a week’s notice should be given to the employer.
Employers should have a written policy, usually in the company handbook where you can obtain more detailed information regarding your specific employer’s requirements.
Is the leave paid?
Parents who have been employed in a job for 6 months or more can claim statutory bereavement pay for the duration of the leave. The rate of pay will be the lower of £151.20 per week or 90% of the employee’s weekly salary.
How can Ward Hadaway help?
Ward Hadaway can assist with any queries relating to leave requests and returning to work as well as provide policies through our HR Protect package. This gives you access to precedent documents, template policies and unlimited HR and employment law advice for a fixed monthly fee. You can get in touch with us here and a member of our team will contact you within 24 hours to discuss how HR Protect can work for you.