Overview

This bill establishes a new statutory right to parental bereavement leave and pay for employees who have lost a child. It provides a minimum of two weeks' leave at 90% of average weekly earnings (up to a cap) and outlines eligibility criteria and procedural details.

Description

The bill amends the Employment Rights Act 1996 and the Social Security Contributions and Benefits Act 1992 to create this entitlement.

Eligibility:

Eligibility is based on the relationship with the deceased child, employment duration, and the child's age (under 18, in full-time education, or both). Specific categories of individuals eligible are detailed, including birth parents, adoptive parents, foster parents, and other guardians. The Secretary of State can designate further eligible categories. The death must occur more than 56 days after the child's birth.

Leave Entitlement:

Employees are entitled to at least two weeks' leave. Regulations will determine the specifics of leave duration and when it can be taken.

Pay Entitlement:

Pay during leave will be at least 90% of the employee's average weekly earnings or £139.58, whichever is lower. Employers can pay more than the minimum.

Job Security:

The bill addresses job security during and after leave, including provisions about redundancy and dismissal.

Regulations:

The Secretary of State will create regulations detailing the specifics of leave and pay, subject to parliamentary approval. These regulations will also cover procedural matters such as notices, evidence, and record-keeping.

Government Spending

The bill will increase government spending due to the introduction of statutory parental bereavement pay. Exact figures are not provided in the bill itself but will be determined by the number of eligible claimants and the rate of pay set through future regulations.

Groups Affected

• Employees: Those who lose a child may be entitled to paid leave, potentially improving their ability to grieve and cope.
• Employers: Employers will need to comply with the new regulations, potentially incurring costs associated with leave and pay.
• Government: The government will be responsible for funding the statutory parental bereavement pay.
• Families: Bereaved families will benefit from paid leave support during a difficult time.

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