A new bill which seeks to extend shared parental leave by introducing immediate leave with pay for fathers or working partners upon the death of the mother of their child is currently making its way through Parliament.
On 24 January 2024, the Shared Parental Leave and Pay (Bereavement) Bill (the Bill) was placed before the House of Commons. The Bill seeks to provide a “day-one” employment right to shared parental leave and pay in the event of such a bereavement. This is a marked change from the current requirement for the mother’s partner to have been employed for at least 26 weeks, and to have notified their employer three months in advance to qualify for parental leave.
The Bill, which was introduced by Labour MP Chris Elmore, was inspired by the experience of Simon Thorpe. When Simon’s wife passed away from cancer, leaving him with their two-year-old son, his employer accommodated his need for flexible work arrangements. Elmore considered that such employer flexibility was an exception rather than the rule. He thus sought to implement legislation providing time off and job security for all those faced with a similar situation.
The proposed extension to shared parental leave has been widely positively received, but has also opened up discourse on the need for more comprehensive family protection. Gingerbread and the CIPD have both expressed their support for the Bill and its work in fixing the “loophole” of a required length of service before accessing bereavement support. The charity Marie Curie has acknowledged the Bill as a step in the right direction of making the UK a “supportive and understanding place to grieve”.
The Bill recently cleared its first hurdle in Parliament, with MPs approving it in their first procedural vote. The government has expressed support for the Bill, but has suggested removing the pay entitlement for parents who have not worked at a company for 26 weeks, citing the need for employees to contribute to their employer’s business before receiving statutory payments. The Fatherhood Institute has also suggested that a more effective solution would be to grant bereaved fathers an individual right to a period of paternal and paternity leave, and for this to be paid on a wage-replacement level amount.
Supporters emphasise that the Bill could help up to 50 people a year and highlight it as a frontline response to the increasing number of women dying during or shortly after pregnancy, which is now at its highest level in 20 years.
The Bill represents yet another positive move towards a more supportive employment landscape, as seen recently, for example, in the passing of the Neonatal Care (Leave and Pay) Act 2023, which provides greater support and protection for parents with babies requiring neonatal care and will come into force in April 2024.
If implemented, the Bill would serve as an important step in protecting bereaved parents in England, Scotland and Wales. The numbers quoted for people who may benefit from the new law suggest that the proposals are unlikely to put a great strain on employers as a group, and may provide real and crucial support for families when they need it most.
