In a whirlwind of legislative activity precipitated by the unexpected announcement of a General Election, the Paternity Leave (Bereavement) Act 2024 (the Act) was passed.
This new legislation, extending to England, Wales, and Scotland, represents a significant enhancement of employment rights concerning bereavement and paternity leave.
Key features of the Paternity Leave (Bereavement) Act 2024
The act modifies the current regulations under the Employment Rights Act 1996, which previously limited paternity leave to a maximum of two weeks, with eligibility contingent upon meeting minimum service requirements.
This change was spurred by the advocacy of Labour MP Chris Elmore, following a heartrending appeal from Aaron Horsey of Nottingham.
Horsey’s tragedy, where he found himself ineligible for shared parental leave following the death of his wife Bernadette during childbirth, highlighted the gaps in the existing law.
Under the act, the following measures will be introduced:
- Day-one paternity leave: Bereaved fathers or non-birthing partners will now have the immediate right to paternity leave from the first day of employment if the mother or adoptive partner dies.
- Removal of restrictions: The new law eliminates the previous condition that barred bereaved partners who had taken shared parental leave from claiming paternity leave.
- Provisions for dual bereavement: In cases where both the mother and child pass away, the bereaved partner will still be entitled to paternity leave, ensuring support during such profoundly difficult times.
The legislation, which garnered cross-party support, marks a critical step forward in supporting bereaved parents during their time of need without the added stress of job insecurity.
Implementation of the Act
The Act will officially come into force following the creation of the necessary detailed regulations.
This legislative change underscores a progressive step in adapting employment laws to better meet the needs of modern families and reflects broader societal recognition of the challenges faced by bereaved parents.
Advice for employers
Employers should prepare for the implementation of these changes by updating their HR policies and ensuring that all personnel involved in human resources and payroll are informed of the new regulations.
It’s also advisable for employers to consider the emotional and psychological support mechanisms they have in place for employees dealing with bereavement.
For detailed guidance on how to adapt to these new requirements, employers are encouraged to consult with payroll specialists, such as our own team. To find out how we can assist you, please get in touch.