On 24 May 2024, the Paternity Leave (Bereavement) Bill received Royal Assent, becoming the Paternity Leave (Bereavement) Act 2024 following its passage through Parliament. The Act amends the Employment Rights Act 1996, making provision for paternity leave (PL) for all bereaved fathers and partners, irrespective of their length of service.
The House of Lords Library published Research Briefing: Paternity Leave (Bereavement) Bill on 10 May 2024 (see FC Feature 13 May 2024), which considered the evolution of the Act through the House of Commons, where it was originally introduced as the Shared Parental Leave and Pay (Bereavement) Bill. There were no further amendments to the bill following passage through the Commons and prior to Royal Assent.
The Act:
- removes the continuity of employment test, which required that a surviving partner had at least 26 weeks' continuous prior employment before they were entitled to PL in cases where a child's mother (or adopting parent) died, now making it a 'day one' right. The entitlement has also been extended to cases of adoption and surrogacy;
- permits bereaved fathers or partners to take PL after a period of shared parental leave (SPL);
- allows the employee to remain on PL in cases where the child also dies, or is returned having been placed for adoption, despite the employee not being able to meet the usual requirement that PL can only be taken to care for the child or support the mother; and
- makes provision for keeping in touch (KIT) days during a bereaved parent's period of PL, and for protection in relation to redundancy after the bereaved employee's return to work.
These provisions will be brought into force by commencement regulations, which have not yet been published.
For more information about PL, SPL and pay generally, as well as details on the current law on parental bereavement leave, see Other family leave & pay. For continuity of employment tests and where they apply, see Continuous employment.
First published on the Employment News Service on 28 May 2024.
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