What does the new Paternity Leave (Bereavement) Bill mean for employers?

Recently, there has been a trend of laws being passed, such as the Carer’s Leave Act and Neonatal Leave Act which have enhanced employee rights to take leave to deal with issues involving their family. The latest Bill in that trend, the Paternity Leave (Bereavement) Bill, is currently making its way through the House of Commons. The purpose of this Bill is to make it easier for employees to take the time off they need where a mother, or a person with whom a child is placed or expected to be placed for adoption, dies. This article examines what changes the Bill would make in its current form at the time of writing and what this could mean for employers.

Background

According to the Government, there are around 180 maternal deaths per year within the first year of childbirth. Unlike maternity leave, there is no day one right to paternity leave. Employees normally need to be employed by their employer for a minimum of 26 weeks to be eligible for paternity leave. Therefore, if the mother of a child dies in childbirth, her partner will not be entitled to paternity leave unless they have 26 weeks service. An employer can exercise its discretion and grant paid or unpaid leave to such a bereaved employee, but there is currently no legal requirement for them to do so. This Bill is intended to change that. 

Changes proposed in the Bill

On the death of the child’s mother or adoptive parent, the father or partner would be allowed to take paternity leave even where they do not have the normal 26-week service requirement. In such cases, the Bill also removes the restriction that a person who has taken shared parental leave cannot subsequently take paternity leave. In cases where the child also dies, the employee would be allowed to take paternity leave even though this would not be for the usual reason of caring for a child and supporting the mother.

Parents of children born through a surrogacy arrangement would also be covered by the new rules.

MP Chris Elmore, who sponsored the Bill, made clear at the Bill’s third reading that the intention is for bereaved fathers and partners to have 52 weeks’ available leave during the first year of their child’s life. The Government has also indicated that statutory pay for this leave will only be available to employees who have met a minimum service requirement and minimum earning target.

The Bill would also allow the Secretary of State to make regulations regarding the following:

• enhanced redundancy protection for employees who return from enhanced paternity leave; and
• keep-in-touch days so the employee can perform work for their employer without bringing their paternity leave to an end.

What should employers do now?

The Bill had its third reading in the House of Commons on 26 April 2024. Assuming the Bill eventually passes, it will be a little while yet before it takes effect and further changes to the Bill could be forthcoming. Employers therefore do not have to take any action or introduce any policies around this type of leave as of yet. However, employers may want to give some thought to how they would manage an employee experiencing this type of bereavement including how much leave they would grant and whether it would be paid.

If you have any questions about the other types of family-related leave already in force, contact our Employment Team by emailing employment@warnergoodman.co.uk or call 023 8071 7717.