From April 1, the UK will become the only country to have a statutory right to time off for bereaved parents.
Changes to the Parental Bereavement Act will come into force on 6 April 2020 as a result of Lucy Herd, who has campaigned for paid time off work following the loss of a child since her 23-month old son Jack passed away in 2010.
Briony McDermott, employment solicitor at Wake Smith, looks at the legislation, to be known as Jack’s Law.
She said: “As the law currently stands, there is no automatic right to paid time off in the event of the loss of a child.
“However an employee can look to take “reasonable” unpaid time off in the event of the death of a dependant. Parents of stillborn children are entitled to maternity and paternity leave.
“Under Jack’s Law, all parents who lose a child under the age of 18 will be able to take two weeks leave, either as a single block of two weeks, or as two separate blocks of one week each across a 56 week period following the death of the child.
“In addition, employees who have been employed for 26 weeks or more will be entitled to a Parental Bereavement Pay, which will be paid at the same rate as Statutory Paternity Pay.
“In reality it is unlikely that the introduction of Parental Bereavement Leave and Pay will represent much of a change to employers, as it is likely that in such circumstances employers would exercise their discretion and permit paid leave.”
The Business Secretary, Andrea Leadsom, was clear that the new regime should be considered "a minimum, and something to build on”.
Briony added: “Ms Leadsom said that in many cases, businesses were incredibly sympathetic and very supportive of parents who have been bereaved, but that this is the statutory minimum and we would hope and encourage them to offer more than that.”
For advice on employment law matters contact Briony McDermott at Wake Smith Solicitors on 0114 266 6660 or email [email protected]
