Parental Bereavement (Leave and Pay) Act 2018

Overview of the Act

Reproduced verbatim from the Explanatory Notes published with the Act on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). Explanatory Notes are prepared by the responsible government department and are not part of the Act.

The Act amends or inserts a number of provisions into the Employment Rights Act 1996 and the Social Security Contributions and Benefits Act 1992, providing powers to make regulations in relation to Parental Bereavement Leave and Pay for eligible parents.

The Act’s powers allow provision to be made for the following: Parental Bereavement Leave - a right for employed parents to be absent from work for a prescribed period (to be set at a minimum of two weeks) following the death of a child. All employed bereaved parents who meet the eligibility conditions, regardless of how long they have worked for their employer, will be entitled to this leave. Parental Bereavement Pay – a right for those eligible parents who meet minimum requirements relating to continuity of employment (at least 26 weeks with their current employer) and earnings to be paid during that leave at the statutory flat rate (currently £140.98 a week) or 90% of average earnings (whichever is lower). In line with other entitlements to paid statutory leave, the Bill allows provision to be made for employers to reclaim payments from the Government. Employment protections – parents taking Parental Bereavement Leave will have the same employment protections as those associated with other forms of family related leave (i.e. Maternity, Paternity, Adoption and Shared Parental Leave). This includes protection from dismissal or detriment as a result of having taken leave.