Bereavement, Paternity, and Unpaid Parental Leave – Changes

What is the current policy?

Bereavement Leave

Currently, employees do not have a statutory right to bereavement leave following the death of a loved one, except for parents who have lost a child from the 24th week of pregnancy up to the child's 18th birthday. While most employers respond compassionately to requests for time off in such circumstances, the lack of proper regulations means some workers may not receive adequate time to grieve.

Paternity Leave & Unpaid Parental Leave

At present, an employee must work for their employer for 26 weeks to qualify for paternity leave and one year to be eligible for unpaid parental leave. This means parents lose access to these benefits if they switch jobs, forcing them to meet the required employment period again with a new employer before being eligible.

These regulations may discourage employees from changing jobs if they are parents or expecting a child and do not want to lose their entitlement to leave. This poses a challenge for employees, as job changes typically lead to higher salary increases. It also affects businesses, which may struggle to attract a broad talent pool and hire the best possible candidate.

Proposed policy changes under the Employment Rights Bill

Bereavement Leave

The Employment Rights Bill will introduce a statutory bereavement leave entitlement. This right will apply from the first day of employment, ensuring protection for employees who need time off to grieve the loss of a loved one. This will establish clear standards for employers and safeguard employees who might otherwise be denied adequate time away from work.

Paternity Leave & Unpaid Parental Leave

The Employment Rights Bill will remove the requirement of 26 weeks of service for paternity leave and one year of service for unpaid parental leave.

Under the new rules, employees will be able to request leave from the first day at their new job. Notice periods will remain unchanged:

- Paternity leave: 15 weeks' advance notice before the expected week of childbirth, or as soon as possible.

- Unpaid parental leave: 21 days' advance notice, or as soon as possible.

By eliminating continuous employment requirements, paternity and unpaid parental leave rights will align more closely with maternity and adoption leave entitlements.

Additionally, the new law will remove restrictions on using paternity leave after taking shared parental leave. Currently, fathers or partners who have used shared parental leave lose their right to take paternity leave if they hadn't used it earlier. Removing these limitations will offer employees greater flexibility to utilize different types of leave for child care.

How will it work?

Bereavement Leave

Specific details about the new bereavement leave entitlement are yet to be finalized. These will outline eligibility criteria based on the employee's relationship with the deceased and specify how the leave may be used. The minimum duration of bereavement leave must be at least one week, and it must be taken within 56 days of the loved one's passing.

Paternity Leave & Unpaid Parental Leave

The legislation will eliminate the continuous employment requirement, allowing employees to request paternity or unpaid parental leave from their first day at a new job.

Frequently Asked Questions

Will those who experience a pregnancy loss before 24 weeks be entitled to bereavement leave?

The government has acknowledged that more can be done to support parents who suffer pregnancy loss before 24 weeks. During the Employment Rights Bill report stage, the government accepted the principle of introducing bereavement leave for pregnancy loss. Further discussions on support for affected individuals are expected as the bill progresses through the parliamentary process.

When will these changes take effect?

Secondary legislation is required to bring these reforms into effect. Most changes stemming from the Employment Rights Bill are expected to be implemented no earlier than 2026.