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Paid Parental Bereavement Leave

Following our previous blog on the consultation for parental bereavement leave, yesterday the Government laid down the new regulations before Parliament which will come into force on 6 April 2020.

The Parental Bereavement Leave Regulations 2020 and The Statutory Parental Bereavement Pay (General) Regulations 2020 will introduce the right for parents who lose a child under the age of 18 to take two weeks’ statutory paid leave at any time during the 56 weeks following their bereavement.

The leave entitlement can also apply to adoptive parents, “intended parents” and the partners of parents so long as the conditions set out in the Regulations are met. Employees must have at least 26 weeks’ service with their employer to receive this entitlement.

The leave can be taken in one block or two one-week blocks and also applies to employees who suffer a still birth after 24 weeks of pregnancy.

The leave entitlement can also apply to adoptive parents, “intended parents” and the partners of parents so long as the conditions set out in the Regulations are met

The minimum rate that employers are required to pay will be the lesser of £151.20 per week or 90% of the employee’s normal weekly earnings. Of course, employers have discretion to pay above this amount if they wish to do so.

Despite the sensitivity of these provisions, the notice requirements for employees are quite complex, with different requirements depending on whether employees chose to take this leave before or after 56 days from the date of death of the child.

If you would like more information on the new Regulations, please get in touch.

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This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

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