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Parents who suffer stillbirth or the loss of a child will be entitled to two weeks’ statutory parental bereavement leave (SPBL) from 6 April 2020 while those with six months’ service will also be entitled to statutory pay (SPBP). The parental bereavement law arrives ahead of the government’s new Employment Bill, announced in December, which will introduce carer’s leave and neonatal pay.

Jack’s Law

From April 2020 The Parental Bereavement Leave and Pay Regulations give a statutory right to a minimum of two weeks’ leave for all employed parents if they lose a child under the age of 18, or have a stillbirth from the 24th week of pregnancy.

The right will exist irrespective of how long the parent has worked for their employer and is referred to as a ‘day one right’.

The leave can be taken as either a single block of two weeks, or as two separate blocks of one week each taken at different times during the 56 weeks after the child’s death. This means the leave can be taken at the time when it is needed the most, for example immediately after the bereavement and then the first anniversary of the child’s death.

Lucy Herd’s young son Jack drowned in the garden pond in 2010. After his death she discovered his father could only take three days’ paid leave – any additional time off had to be taken as sick leave or holiday. Since then, she has campaigned for better rights for bereaved parents.

Around 7,500 child deaths or stillbirths occur in the UK every year. The government estimates that this new entitlement will help to support around 10,000 parents a year.

Entitlements

Parents with at least 26 weeks’ continuous service and weekly average earnings over the lower-earning limit will also be entitled to statutory parental bereavement pay (SPBP), paid at the rate of £148.68 per week, or 90% of average weekly earnings if this is lower.

As well as birth parents, the entitlement will be 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

Employers

Ensure they know about this important change in the law and what additional support they can offer to bereaved parents in their workplace, as this is vital time for them in their grieving process.

The Government hopes that employers will be supportive and provide support above and beyond this time off. This entitlement is in addition to any normal Parental Leave the employee may be entitled to.

Step in the right direction

Charities who campaign for support and extended rights for those who experience infant loss hope that the law will someday go further by providing:

• Rights and support for self-employed parents, and equivalent support for parents who are unemployed.
• Bereaved parents to be entitled to take periods of Unpaid Parental Leave until their child would have turned 18. This could be used to support parents around the time of special anniversaries or ‘trigger’ dates.
• Greater flexibility so the Leave can be taken in separate blocks, and over a longer period of time.

Priya Vara; mum of an angel baby founded Footprints in the Stars (The Baby Bereavement Charity in memory of her son Shayen who was born sleeping in 2017) comments on the new entitlements:

“ Although this is a step in the right direction for bereaved parents, the feeling in the loss community is that more still needs to be done. I lost Shayen at full term. If I had lost him any earlier, I would have needed the same support and care that I was lucky enough to receive. Would I have got it? Probably not. Loss is loss and that heartbreak is the same no matter how long you carry your baby for”.

Further advice and support is provided by Sands and Tommy’s.

If you are an employee or employer and would like further advice on the employment issues relating to parental bereavement please contact a member of our employment team on 020 8363 4444.

Disclaimer

This article is for guidance purposes only.