One of the issues when an election is called is that Parliament has a limited time to mop up pending legislation, and get it passed through both Houses of Parliament.
One that has been successfully adopted was a Private Members’ Bill introduced by Labour MP Chris Elmore. One of his constituents had found himself ineligible for shared parental leave after his wife died during childbirth. He had recently started a new job and did not have sufficient service to qualify.
So, we now have the Paternity Leave (Bereavement) Act 2024, which has been published and extends to England, Wales, and Scotland. This Act will come into force upon the introduction of necessary regulations by the relevant Secretary of State.
Background
Previously, under the Employment Rights Act 1996, paternity leave lasted a maximum of two weeks, and bereaved partners were only eligible for statutory paternity leave if they met minimum service requirements of 26 weeks continuous service.
This framework left some bereaved partners, particularly those in new jobs or with insufficient length of service, without the crucial support they needed during such challenging times. Especially if their employers were not understanding enough.
Key Provisions
- Automatic Day-One Paternity Leave: Bereaved fathers or non-birthing partners will now have the right to Day One paternity leave if the mother, or the person with whom a child is placed or expected to be placed for adoption, dies. This provision eliminates the previous requirement for a minimum service period.
- Removal of Shared Parental Leave Restrictions: The Act removes the condition that prevented bereaved partners who had already taken shared parental leave from taking paternity leave. This change ensures that partners are not penalised for having utilised their shared parental leave entitlement.
- Rights in Case of Dual Bereavement: In the tragic circumstance where both the mother and child die, bereaved partners will still be entitled to take paternity leave. This provision ensures that bereaved partners have the necessary time to grieve and manage their affairs.
Implications for Employers and Employees
Hopefully these are provisions that will be rarely used, and the Act will only come into force once a new Government has time to implement it, especially as this received full cross-party support.
But where it is needed, the Paternity Leave (Bereavement) Act 2024 represents a significant step forward in providing support to bereaved partners, ensuring that they are granted the necessary time to cope with their loss without the added stress of meeting employment requirements.
We would hope that most employers would be supportive to any parent or partner who finds themselves in this situation. But when this becomes law, organisations should act promptly to implement these changes and support their employees during such difficult times.
The guidance provided in this article is just that – guidance. Before taking any action, make sure that you know what you are doing, or call an expert for specific advice.
