Parental Bereavement Leave and PayPosted: 12th April 2020

The Government have at long last implemented measures to recognize the implications from an employment perspective, to the parents of children who have died or are still born (and in that case if they have died after 24 weeks of pregnancy).

With effect from 5th April 2020 parents are entitled to take time off work in these circumstances and to pay during the period of absence known as Statutory Bereavement Pay.

The rights to time off and to payment apply only to Employees however. They do not apply to workers, most agency workers or the self- employed.

The right to Statutory Bereavement Pay is also dependent on 6 months employment and an earnings limit but there is no minimum service requirement in terms of entitlement to Bereavement Leave. The amount of leave is the same as that payable for Statutory Paternity Pay.

The new rules require bereavement leave to be taken either in one block of 2 weeks or 2 blocks of 1 week and there are notice requirements which must be provided to the Employer.

Any employee seeking either Leave or Pay is protected from being dismissed or treated less favorably as a result of seeking to exercise their rights as a safeguard against Employers not complying with their responsibilities under the Law.

In most cases any parent who has taken leave in these circumstances is entitled to return to the same job they were doing before their leave started.

For a chat about your rights as an Employee or obligations as an Employer under the New Regulations please contact Graham Shannon at our Gosforth Office.