Draft regulation on parental bereavement leave and pay published

The government has now published the draft regulations for the Parental Bereavement (Leave and Pay) Act (the Act), ahead of the Act coming into force on 6 April 2020.

The regulation (which can be read here) will implement a statutory right to a minimum of two weeks’ leave for all parents if they lose a child under the age of 18, or suffer a stillbirth from 24 weeks of pregnancy, irrespective of how long they have worked for their employer. Employees with at least 26 weeks’ service will also be entitled to statutory bereavement leave pay and this will be at the same level as statutory paternity leave (currently the lower of £148.68 or 90% of average weekly earnings).

Parents will be able to take the leave as either a single block of two weeks, or as two separate blocks of one week each, in either case within 56 weeks of the death of the child. The Act also extends this right to those with parental responsibility, such as adoptive parents and legal guardians.

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Tom Fancett

About Tom Fancett

Tom has experience acting for both employers and employees, advising on the full spectrum of contentious and non-contentious matters. His experience includes advising on large commercial transactions, including redundancy and TUPE issues; undertaking buy side and sell side due diligence exercises into the employment aspects for multiple commercial transactions; coordinating multijurisdictional projects; defending Employment Tribunal claims in relation to unfair dismissal, disability and sex discrimination and whistleblowing; advising on day-to-day HR and disciplinary issues; drafting and negotiating settlement and service agreements; and reviewing company handbooks and template employment contracts.

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