Parental Bereavement (Leave and Pay) Bill approved by Parliament
14 September 2018
The Parental Bereavement (Leave and Pay) Bill has received Royal Assent and as such becomes the Parental Bereavement (Leave and Pay) Act 2018. This is the first law of its kind in the UK and will support those affected by the tragedy of childhood mortality.
The Act will give all employed parents a day-one statutory right to 2 weeks of leave if they lose a child under the age of 18, or suffer a stillbirth from 24 weeks of pregnancy. Parents will be entitled to this leave irrespective of their length of service with their employer and the entitlement will apply in respect of each child. Pay will be subject to qualifying conditions as found with other similar periods of statutory pay aimed at the working parent.
The statutory right is expected to come into force in 2020.
Geographical extent: The Parental Bereavement Leave and Pay measures apply to Great Britain only.
The Labour Market Directorate within the Department for Business, Energy and Industrial Strategy published a consultation in April 2018 to gather views and opinions on the delivery of Parental Bereavement Pay and Leave. The consultation focused on several key areas of detail including:
The definition of a ‘bereaved parent’
How and when to take Parental Bereavement Leave and Pay
Notice periods for Parental Bereavement Leave and Pay
Evidence of an employee’s right to take Parental Bereavement Leave and Pay.
The responses to this consultation are still being analysed by the government, but as we stressed in our response to BEIS, it is vital that this statutory right is supported by clear, comprehensive and timely guidance. The Policy team will continue to work with BEIS and will look forward to reviewing draft guidance when it becomes available.
The CIPP surveyed members and the wider profession to help inform our response to the consultation, full details of which can be found on our website under My CIPP/policy hub. If members have any questions or concerns regarding the implementation of Parental Bereavement Leave and Pay which was not raised within our survey results and associated response, please do email us at policy and we shall continue to feed in your comments to the Statutory Payment Consultation Group.
The CIPP frequently mention the high number of regulations that govern payroll and the associated processes. It may be of interest to know that no less than 15 Acts of Parliament have to be amended due to the introduction of the Parental Bereavement (Leave and Pay) Act 2018:
- Commissioners for Revenue and Customs Act 2005
- Employment Rights Act 1996
- Employment Act 2002
- Finance Act 1989
- Finance Act 1999
- Finance Act 2000
- Finance Act 2013
- Income Tax (Earnings and Pensions) Act 2003
- Income Tax Act 2007
- Pensions Act 2008
- Proceeds of Crime Act 2002
- Social Security Contributions and Benefits Act 1992
- Social Security Administration Act 1992
- Social Security Contributions (Transfer of Functions, etc.) Act 1999
- Social Security Act 1989