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New Parental Bereavement (Leave and Pay) Act 2018 Receives Royal Assent

on Friday, 21 September 2018.

Under the Parental Bereavement (Leave and Pay) Act 2018 (the Act), parents who suffer the death of a child under the age of 18 or a stillbirth from 24 weeks of pregnancy will be entitled to two weeks paid leave.

The Act, which is expected to come into force in 2020, will give bereaved parents a statutory right to two weeks' pay by inserting new sections (80EA- 80EE) into the Employment Rights Act 1996. This new right will be subject to employees meeting eligibility criteria similar to that of statutory paternity pay, which includes having had 26 weeks continuous employment. However, much of the detail is still unknown as it will be set out in supporting regulations.

The regulations will detail amongst other things:

  • the definition of ‘bereaved parent’;
  • how and when Parental Bereavement Leave and Pay can be taken; and
  • the notice and evidence which will be required.

Once further details on the implementation of the Act are known, employers will want to review their policies and procedures for bereaved employees to ensure they remain compliant with the new legislation.


For more information, please contact Michael Halsey in our Employment Law team on 0207 665 0842.