Overview

This bill amends the Employment Rights Act 1996 to provide paternity leave for fathers whose child's mother or prospective adoptive parent dies. It allows for paternity leave even if the child also dies or is returned after adoption placement, granting flexibility through regulations.

Description

The Paternity Leave (Bereavement) Bill modifies existing laws concerning paternity leave. Specifically, it alters sections 80A, 80B and 80D of the Employment Rights Act 1996. Key changes include:

• Section 80A (Birth): Removes the requirement that the mother be alive to qualify for paternity leave in cases of the mother's death. Regulations can grant leave even if both mother and child die.
• Section 80B (Adoption): Removes the requirement that the prospective adoptive parent be alive to qualify for paternity leave in cases of their death. Regulations can grant leave if the prospective adoptive parent dies and the child dies or is returned after placement.
• Section 80D (Special Cases): Allows regulations to define circumstances where bereaved fathers can work during leave without losing their entitlement, and to address redundancy issues for bereaved employees on leave.

The bill extends to England, Wales, and Scotland and will come into effect on a date to be set by the Secretary of State.

Government Spending

The bill doesn't directly specify government spending figures. The cost will likely be minimal, as it primarily involves amending existing legislation and creating supporting regulations. Any costs would arise from administrative changes within the Department for Business and Trade and potential support for affected individuals through existing benefits systems.

Groups Affected

• Fathers: The primary beneficiaries; they will have access to paternity leave in tragic circumstances where they would otherwise not be entitled.
• Employers: Will need to adjust their processes to accommodate the new provisions for paternity leave. The impact on employers should be relatively minor.
• Government Agencies: Responsible for implementing and enforcing the changes. May involve updated guidance documents and administrative processes.

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