Draft legislation relating to Parental Bereavement Leave and Statutory Parental Bereavement Pay published

28 January 2020

Draft legislation has been published in relation to Statutory Parental Bereavement Pay and Parental Bereavement Leave. One document discusses the pay aspect to the new entitlement and the other focuses solely on the leave.

The Statutory Parental Bereavement Pay legislation is separated into four clearly defined sections. The first part is introductory and defines certain terms, specifying when the new entitlement arises. Part two focuses on the subject of entitlement, part three on conditions of entitlement relating to employment and earnings, and part four provides details surrounding the payment of statutory parental bereavement pay.

The document:

  • Defines the types of relationships with a child which qualify someone for entitlement when the child dies
  • Specifies how many weeks of statutory parental bereavement pay are available to a bereaved parent – either one consecutive block of two weeks or two non-consecutive blocks, each a week in length. The entire amount of pay must be taken within 56 weeks of the child’s death
  • Confirms what notice and information the bereaved parent must provide - Notice must be given within 28 days of the start of the week(s) the payment must be made in, along with the parent’s name and the date of the child’s death. In addition, parents must provide a written declaration, on the first occasion that they give notice, that they meet one of the relevant conditions as to the relationship with the child who has died.
  • Contains provisions with further detail on the conditions relating to employment and earnings that a bereaved parent must satisfy in order to be entitled to statutory parental bereavement pay
  • Confirms what the weekly pay rate will be – whichever is smallest of £151.20 or 90% of the employee’s Average Weekly Earnings (AWE)

The Parental Bereavement Leave legislation discusses the period of leave that will be granted to bereaved parents -this also has four separate parts. The first section is introductory, part two gives an overview of the entitlement to leave, part three discusses the logistics of taking the leave and part four looks at any contractual rights to bereavement leave, and how they would interact with the new statutory entitlement.

Some of the content is near identical in both documents, but the notice and information that needs to be provided differs where there is no right to statutory parental bereavement pay. In the event that the employee is entitled to leave only, they do not need to provide a written statement and the length of notice that they are required to give prior to taking the leave is dependent on when they take that leave.

Although the draft legislation has now been published and provides further details surrounding the implementation and processing of statutory parental bereavement pay and parental bereavement leave, it is important to note that it is still subject to Parliamentary approval.


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