One of the final Acts of Parliament to make it through before closing for election was the Paternity Leave (Bereavement) Act, which provides for a period of leave in the event of the death of a mother of a new-born child (with mirror provisions in surrogacy and adoption cases).
What will this change?
Currently, unless the partner or father has been employed for a minimum period (26 weeks by the qualifying date), the partner or father would have no right to any leave.
Currently, the leave entitlement for paternity leave is just 2 weeks, and there is a requirement that the leave is to be used to care for the mother of the child or the child itself.
What is going to change
The Act removes the minimum service requirement, so an employee who suffers such a tragic loss would be entitled to the leave from day 1 of employment.
It also removes the requirement for the leave to be used to care for the mother or child where both die. It also removes the condition that prevents bereaved parents from taking paternity leave where they have already taken shared parental leave.
How much leave will be available
We don’t know yet — currently it is only two weeks. However, the expectation is that it would be 52 weeks, as there is provision for KIT days (keeping in touch days) and the door has also been left open for protection from redundancy.
Will the leave be paid
Again, we don’t know yet, as no guidance or indication has been given on this. If it is paid, it is likely it will follow the pattern of paternity and maternity leave statutory payments.
Hasn’t it been made law? Why don’t we know the details?
The Act has made its way through Parliament successfully and has received Royal Assent, however it has not yet been “enacted”.
What this means is that further work needs to be done to bring it into force. Additional Regulations need to be implemented which will essentially make the law “live” and will provide the detail missing above, as well as any other mechanics that are needed to make the law work in practice.
It is not known when this will happen, as Parliament has now closed for the general election. However, the Act had strong support from all parties and it is expected that the new Government, when formed, will finalise matters. What is not known is what the timescales for this will be.
Contact Us Today
As we await the final implementation of the Paternity Leave (Bereavement) Act, it’s crucial for employers and employees alike to stay informed and prepared for the changes this significant legislation will bring.
Contact us today for specialist employment advice, or book a demo of our HR software, which comes up to date with all the latest guidance.