The Parental Bereavement Leave Regulations 2020

From 6^th April 2020, employees who lose a child under the age of 18, or suffer a stillbirth after 24 weeks of pregnancy, are now entitled to two weeks’ statutory leave. Employees can choose to take two separate one-week blocks of leave, as long as it is taken within 56 weeks of the child’s death. This leave is available to both parents of the child.

To be eligible to receive pay during this leave, employees must have at least 26 weeks’ service and earn at least £120.00 per week (based on the current rates). Bereavement pay is paid at the same rate as statutory maternity/paternity pay, currently £151.20 per week.

The employee must give the employer notification of:

• the date of the child’s death;
• the date on which the employee chooses leave to start;
• whether the employee intends that period to be one or two weeks.

It would be advisable for an employee to send this notice in writing to their Manager, in the form of an email or text message.

If taking leave within the first 56 days of the child’s death, the employee must notify their employer before the time they are due to start work on the day leave starts. If the employee wishes to take leave after the initial 56 day period, employees must give at least seven days’ notice of their intention to take leave. An employee can cancel or change the date of leave within same period of notice.

Employees are protected from exercising their rights to take this leave. Any dismissal will be automatically unfair if the reason or principal reason is connected to the fact that the employee took bereavement leave, or if their employer believed that the employee was likely to take parental bereavement leave.

There are already a number of statutory rights available to bereaved parents at work in certain circumstances, but these new regulations give specific leave for employees in this very difficult time.

If you wish to discuss any employment issue, please contact our employment team at employment@franklins-sols.co.uk or by calling our offices on 01908 660966 or 01604 828282.