The Parental Bereavement Leave and Pay Regulations, which will be known as “Jack’s Law” in memory of Jack Herd whose mother Lucy campaigned tirelessly on the issue, implemented a statutory right to a minimum of 2 weeks’ leave for all employed parents if they lose a child under the age of 18, or suffer a stillbirth from 24 weeks of pregnancy.
This is a statutory right for employees and is irrespective of how long they have worked for their employer. Many employers already react sympathetically to these difficult situations. What Jack’s Law does is brings some clarity by setting a minimum statutory time frame and payment system. Helping individuals and families when they need it most.
The regulations came into effect in April 2020. Here’s a summary.
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1. What is Parental Bereavement Leave?
Parents are able to take the leave as either a single block of 2 weeks, or as 2 separate blocks of one week. These can then be taken at different times across the first year after their child’s death. This helps to match the leave to when it’s needed most. This could be in those early days or when the first anniversary falls due.
The right to Parental Bereavement Leave (PBL) applies to all employed parents who lose a child under the age of 18 or suffer a stillbirth (from 24 weeks of pregnancy), irrespective of how long they have been with their employer. This leave is a ‘day-one’ employment right.
As well as birth parents, the entitlement is available to adults with parental responsibility, for example: adoptive parents, individuals who are fostering to adopt, legal guardians; and many foster parents, although emergency foster care may not be covered.
2. Understanding the Bereavement Leave Payments
Parents with at least 26 weeks’ continuous service with their employer and weekly average earnings over the lower-earning limit will also be entitled to Statutory Parental Bereavement Pay (SPBP), paid at the statutory rate, or 90% of average weekly earnings where this is lower.
If you want any guidance on Parental Bereavement Leave, give us a call on 0203 535 5750 and speak to one of our consultants.