Bereavement Leave Explained: Employer Responsibilities and Employee Rights

Sadly, most employees will suffer a bereavement at some point during their working lives. It is important for you, as their employer or manager, to be sensitive to those who may have suffered a bereavement and to be able to offer them appropriate support. We look at the legislation relating to bereavement leave and your role and responsibilities.

How much paid time off do employees get following a bereavement?

All employees are entitled to take time off following the death of a dependant. However, there is no legal requirement for this time off to be paid unless the organisation has their own internal policy regarding this, or if the dependant is a child (see below). Similarly, there is no set amount of time an employer must allow an employee to take off in the event of a bereavement, unless it is for the death of a child; the guidance simply states that the amount of time granted must be “reasonable”. 

Who counts as an employee’s dependant?

A dependant could be:  

• their partner
• their parent
• their child 
• someone else who relied on them

What would be considered a reasonable amount of time?

The time off granted should be for dealing with unexpected issues and emergencies involving the dependant, including leave to arrange or attend a funeral. Obviously any bereavement is a tragic and deeply personal experience with its own set of circumstances. Employers should agree a reasonable amount of leave according to the employee’s individual situation and needs but should also be as consistent as possible when approving such leave. 

What if it is the employee’s child that has died?

Following the introduction of the Parental Bereavement Leave and Pay Act (2020), the legislation is slightly different in the event an employee’s child dies. 

In these devastating circumstances, if their child dies under the age of 18 or is stillborn after 24 weeks of pregnancy,an employee is entitled to take at least two weeks parental bereavement leave. Those who have at least 26 weeks’ continuous service with the organisation, and who earn above the lower earnings limit, will also be entitled to receive parental bereavement pay. This is a statutory rate of pay, reviewed by the Government each year. 

Does the employee have to be the biological parent? 

Not necessarily; this right will apply to all the following:

• the biological parent
• the adoptive parent, if the child was living with them
• the person who lived with the child and had responsibility for them, for at least 4 weeks before they died
• the 'intended parent' – due to become the legal parent through surrogacy
• the partner of the child’s parent, if they live with the child and the child’s parent in an enduring family relationship

What are the guidelines for Statutory Parental Bereavement Leave? 

Statutory Parental Bereavement Leave can be taken in the 56 weeks following their child’s death and if more than 1 child dies, the employee is entitled to 2 weeks' Statutory Parental Bereavement Leave for each child. If a child is stillborn after 24 weeks of pregnancy, the birth parent can get up to 52 weeks of statutory maternity leave or pay and the father or partner can get up to 2 weeks’ paternity leave or pay.

As per the ACAS website, an employee can choose to take either one or two weeks' leave. If an employee takes twoweeks, this can be taken in one go, or as two separate weeks. For example, they could take one week immediately after the death, and take the other week later on.

Is there any notice period?

An employee must tell their employer (give 'notice') to use Statutory Parental Bereavement Leave. To give notice, the employee must tell their employer:

• when they want the leave to start
• whether they want to take one or two weeks’ leave
• the date their child died

This notice does not have to be in writing.

If it’s within 8 weeks (56 days) of their child dying, an employee can start their leave as soon as they give notice. They must tell their employer before they start their leave; this can be on the first day of leave, as long as it’s before they’re due to start work. For example, if they’ve started work and give notice to start their leave straight away, Statutory Parental Bereavement Leave must start the following day.

They can also cancel the leave, as long as they tell their employer before their leave starts. This can be on the day their leave is due to start, as long it’s before they’re usually due to start work. Any cancelled leave can be taken later by giving notice again.

If leave will be taken more than 8 weeks (56 days) after their child died, the employee must give their employer 1 week’s notice:

• to take the leave
• if they want to cancel the leave

Any cancelled leave can be taken later by giving notice again.

Our HR Advisors can help you review and update policies to ensure your business provides the right support when it is needed most.

Contact hr@skaltd.co.uk or call 01427 402 403
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