Trigger warning:Β this article sets out the rights available for time off for bereaved parents
July 3rd is National Bereaved Parents Day in the UK. It was set up in 2020 by the charity βA Child of Mineβ to recognise and raise awareness for those parents or carers who have sadly lost a child.
This article will provide a brief overview of the types of leave available to employees who tragically suffer the loss of a child and the measures employers can put in place to support such employees.
Parental Bereavement Leave
Employees have a right to 2 weeks off if their child dies under the age of 18 or is stillborn after 24 weeks of pregnancy. This is called ‘parental bereavement leaveβ.
An employee is eligible for parental bereavement leave if they or their partner:
- are the childβs parent or foster parent;
- have had the child placed with them for adoption (whether by a UK adoption agency or from overseas);
- are their intended parent under a surrogacy arrangement;
- are the natural parent of a child who has since been adopted by someone else, and there is a court order allowing the employee or their partner to have contact with the child;
- look after the child in their own home, other than as a paid carer, and have done so for at least four weeks (a parent “in fact”).
Under the statutory scheme the leave must be taken as whole weeks. It can be taken as two consecutive weeks or two separate weeks, taken at different times. For example, an employee could take one weekβs parental bereavement leave immediately after the death of their child and take the other week later. The leave must be used within 56 weeks of the child’s death. The date of the child’s death is the first day of the 56 weeks. The reason that the government chose to allow 56 weeks in which to take the leave, is to enable employees to take their second week of leave around the anniversary of the child’s death, if they choose.
If an employee’s child dies, the employee can still take any statutory maternity, paternity, adoption or shared parental leave they are entitled to for that child, as well as any parental bereavement leave.
Where an adoption agency has placed a child with an employee for adoption, the employee may be entitled to statutory adoption leave. If the child dies after placement, the adoption leave period will end eight weeks from the end of the week in which the child died, unless it would have ended earlier in any event. The same applies where an employee is taking adoption leave following the birth of a child to a surrogate mother.
Parental bereavement leave is a “day one” employment right. However, there is a qualifying period of 26 weeks for statutory parental bereavement pay (see further below).
- Notifying the employer
The employee must give the employer notification of:
- the date of their childβs death or the date the child was stillborn;
- the date on which the employee chooses the parental bereavement leave to start; and
- whether the employee intends that period to be one or two weeks.
There is no requirement for the notification to be sent in writing, a telephone call would suffice.Β However, employees claiming statutory parental bereavement pay should make sure they comply with the employerβs rules for notification.
- Terms and conditions
The employee’s terms and conditions during a period of parental bereavement leave are identical to those during paternity, maternity, adoption or shared parental leave. In other words, the employee will benefit from all terms and conditions except those governing “remuneration”.
The employee’s right to return to work is also similar to the right that exists after paternity leave, maternity leave, adoption leave or shared parental leave β in most cases, the employee will have a right to return to the job in which they were employed before they went off.
- Protection from dismissal or detriment
Employees are protected from being dismissed for taking parental bereavement leave.Β A dismissal will be automatically unfair if the reason or principal reason is connected to the fact that:
- The employee took, sought to take, or made use of the benefits of parental bereavement leave, or
- The employer believed that the employee was likely to take parental bereavement leave.
It is also unlawful for an employer to subject an employee to any detriment short of dismissal because of any of those reasons.
There is no qualifying period for a detriment claim or an automatic unfair dismissal claim in these circumstances.
- Statutory parental bereavement pay (SPBP)
Employees taking parental bereavement leave may also be entitled to statutory parental bereavement pay (SPBP) if they meet the statutory eligibility criteria and comply their employerβs notification procedures. SPBP is paid at the same rate as other statutory payments such as paternity pay, for one whole week or two whole weeks
Time off for dependents
Anyone classed as an employee also has the right to unpaid time off if their child (a ‘dependant’) dies under the age of 18.
An employee who, for example, wanted to take an odd day off for things like arranging or attending the funeral, could choose to use time off for dependants rather than using a whole week of parental bereavement leave.
Support
In February 2022, Acas published guidance on managing bereavement in the workplace which covers parental bereavement leave and deals with a number of issues beyond the mere granting of time off.
The guidance emphasises that everyone experiences grief differently and notes that it is important for employers to:
- be sensitive to what each person might need at the time;
- discuss with the employee what type of leave for bereavement is available, how much time off is available and whether the leave will be paid or unpaid;
- make sure their leave policies are up to date and accessible for staff;
- consider the person’s physical and emotional wellbeing and needs, including once they’ve returned to work;
- recognise that grief affects everyone differently β there is no right or wrong way to grieve and it can affect people at different times following a death; and
- be sensitive to triggers and anniversaries that may intensify grief for bereaved parents.
Just Employment Law are employment law specialists with expertise in assisting employers with a wide range of employment matters. If you are interested in learning more about our services, contact us on 0141 331 5150 to speak to one of our solicitors based in Glasgow.Β You can also visit our website at https://www.justemploymentlaw.co.uk.
