What’s the Current Policy?
Bereavement Leave:
- There’s no legal right to bereavement leave (except for parents who lose a child), so whether someone gets time off depends on the employer’s choice.
Paternity & Parental Leave:
- Employees must work 26 weeks to qualify for Paternity Leave, and 1 year for Unpaid Parental Leave
- If a parent changes jobs, they lose access to this leave which can stop people from switching jobs.
- Paternity leave is an entitlement to 2 weeks paid leave remunerated at the same rate as basic maternity pay (currently £187.18).
- Unpaid parental leave means following 12 months’ qualifying service eligible parents are entitled to 18 weeks of unpaid leave for each child up to the child reaching the age of 18.
What’s Changing?
Bereavement Leave:
- Employees will have a legal right from day one to take time off to grieve the loss of a loved one. This ensures everyone is protected, not just those with supportive employers.
Paternity & Unpaid Parental Leave:
- The waiting period is being removed – employees can now take Paternity or Unpaid Parental Leave from their first day in a new job.
- This makes the rules fairer and more flexible, especially for new hires and job changers.
More Flexibility…
Fathers or partners will no longer lose Paternity Leave if they take Shared Parental Leave first – they’ll now be able to use both.
What This Means?
Bereavement Leave key points:
- Minimum of 1 week of leave.
- Leave will be unpaid
- Leave must be allowed for at least 56 days after the person’s death.
- Will apply in relation to spouses, parents, siblings and also to those with whom the employee has a close personal relationship such as a partner.
- Will be extended to pregnancy loss.
- Employees will be protected against detriment or unfair dismissal for taking bereavement leave.
Paternity and Unpaid Parental Leave key points:
- The Bill removes the rule that employees must work for a certain time before being eligible so they become “day 1” rights.
- Employees can now give notice to take either type of leave from day one in a new job.
- The Bill also removes the restriction that employees must take shared parental leave before taking paternity leave and pay. This change allows for more flexibility for families to manage their time off to care for their child.
How Harding Evans Can Help
If you’d like tailored guidance on how the Employment Rights Bill may affect your business, our team is here to help.
Get in touch today on 01633 244233 or wilded@hevans.com.
