The Parental Bereavement (Pay and Leave) Act is due to come into force in 2020, giving eligible employees the right to paid leave when they suffer a loss of a child under 18 or suffer a stillbirth from 24 weeks of pregnancy. The Government has published its response to the consultation, setting out further details about the new right. These include: (i) eligibility will extend beyond biological parents to adoptive parents, guardians, most foster parents and primary carers; (ii) leave can be taken as a single block of 2 weeks or as two separate blocks of 1 week each at different times; (iii) leave and pay can be taken within a 56 week window from the child’s death; (iv) notice requirements are being finalised, but will be flexible; and, (v) employers will not be entitled to request a copy of the death certificate as evidence. The implementing Regulations will be published at a later date.
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This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.