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24/01/2020

‘Jack’s Law’ - Parental Bereavement leave and pay to come into force

Subject: Employment law/Statutory leave/Parental rights

Source: GOV.UK

Subject to Parliamentary approval of the delegated legislation, the Parental Bereavement Leave and Pay Regulations (known as Jack’s Law in memory of Jack Herd) will come into force on 6 April 2020.

The right to Parental Bereavement Leave (PBL) will apply to all employed parents who lose a child under the age of 18, or suffer a stillbirth (from 24 weeks of pregnancy), irrespective of how long they have been with their employer (the leave is a ‘day-one’ employment right). Parents will be able to take PBL as either a single block of 2 weeks, or as 2 separate blocks of one week each taken at different times across the first year after their child’s death.

Parents with at least 26 weeks’ continuous service with their employer and weekly average earnings over the lower earning limit (£118 per week for 2019 to 2020) will also be entitled to Statutory Parental Bereavement Pay (SPBP), paid at the statutory rate of £148.68 per week (for 2019 to 2020), or 90% of average weekly earnings where this is lower. SPBP will be administered by employers in the same way as existing family-related statutory payments such as Statutory Paternity Pay.

The Government stated that [the new regulations will provide] the most generous offer on parental bereavement pay and leave in the world.

Legal basis:

(i) the Parental Bereavement (Leave and Pay) Act 2018 amended the Employment Rights Act 1996 and the Social Security Contributions and Benefits Act 1992, Parental Bereavement (Leave and Pay) Act 2018 The Parental Bereavement Leave Regulations 2020

(ii) The draft Statutory Parental Bereavement Pay Regulations and Parental Bereavement Leave Regulations 2020.

 

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