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Bereavement leave is time off given to employees when faced with the death of an immediate family member or close relation. It’s sometimes known as ‘compassionate leave’ or ‘funeral leave’.
Bereavement leave is mostly related to death. Employees will use this time to grieve the loss of their loved ones. They might organise funerals, spend time with family, or deal with financial issues left by the deceased.
Compassionate leave is used when employees need time off to deal with upsetting or urgent emergencies. This may include taking care of a sick grandparent or caring for a family member who’s gone through a traumatic event.
Paid bereavement leave is only available as a statutory right for certain types of deaths. For example, during parental bereavement leave
Most companies do offer unpaid bereavement leave to their staff; whilst others offer day-rates. Here, you can class bereavement under sick leave or annual holidays instead of offering bereavement leave pay.
Employees can only use bereavement leave for a miscarriage or stillbirth – but only through certain circumstances. If their loss occurs during their first 24 weeks of pregnancy, they’re not entitled to statutory bereavement leave (including maternity, paternity, or parental).
However, employers should be compassionate during such sorrowful times and consider their time off request. For example, allowing them to use pregnancy-related leave.
Let’s look at what the Protection from Redundancy Act 2023 includes, and what the consequences are for not complying with the new law.
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On the 24th of May 2024, the UK government passed the new ‘Paternity Leave (Bereavement) Act’. The act aims to provide vital support for bereaved fathers whose wives, adoptive, or birthing partners die.
The law touches on providing sufficient bereavement leave, as well as emotional support during such tragic events. Whilst the law is relatively new, employers should show compliance with this new family leave legislation.
Any form of negligence could result in serious consequences – for your employees, as well as your business. If you need more advice on managing bereavement leave, speak to one of our HR Advisors for free today.
In this guide, we’ll look at what the Paternity Leave (Bereavement) Act is, what the law includes, and how your business should support bereaving employees going personal loss of life.
What is the Paternity Leave (Bereavement) Act?
The Paternity Leave (Bereavement) Act 2024 is a law that provides leave rights to fathers or non-birthing partners when the mother of their child dies.
Before the act was introduced, fathers and non-birthing partners needed to complete at least 26 weeks of continuous work to qualify for paternity leave. This is the opposite for wives and birthing partners requesting maternity leave.
Whilst the act has passed, it’s still not in full use within the law. Soon, employees who are fathers or non-birthing partners are set to receive the rights to immediate paternity leave – from their first day of work.
What does the Paternity Leave (Bereavement) Act include?
There are numerous legislative rights and changes that the Paternity Leave (Bereavement) Act includes. The main aim was to fill in legislative gaps in employment law relating to parental leave. Let’s take at them in more depth:
Automatic day-one rights
Under the new act, employees won’t need to complete 26 weeks of continuous service to qualify for paternity leave. This is set to become a day-one right for all employees.
The act specifically applies to bereaved fathers and partners in cases where a mother, or person with whom a child is placed or expected to be placed for adoption, dies.
Leave for dual bereavement
Childbirth can present all kinds of medical situations; the worst involving a loss of life for both the mother and the baby. Here, bereaved fathers and partners would be allowed to use their paternity leave for such horrific events.
The act stands even if the is being used if the employee needs to take care of their baby (if their wife/partner dies); or support their grieving wife/partner (if their baby dies).
No restrictions on paternity leave
Previously, employees could only take one type of paternity leave. In the case of fathers or partners, this meant either paternity leave or .
Under the new law, bereaved fathers or partners can take both as separate entities. The act doesn’t specify how long paternity leave will last. Current legislative states this is two weeks. However, the government plan to introduce 52 weeks of paternity leave.
Introduction of KIT days
The act could allow bereaved employees to take ‘keeping in touch’ (or KIT) days without bringing their leave period to an end.
The act also keeps open the possibility for legislation regarding potential redundancy of a bereaved employee after returning to work. Again, this could be a legal entitlement from day one.
How to comply with the Paternity Leave (Bereavement) Act within your workplace
As the Paternity Leave (Bereavement) Act settles into UK legislation, employers will need to show compliance throughout their work practices. Let’s take a look at what aspects to consider:
Update your workplace documents
Employers must ensure all workplace documentation comply with all standing laws, like the new Paternity Leave (Bereavement) Act.
This means updating policies, employment contracts, and handbooks – which should be readily available to all staff members. Your business documents should also include what steps employees need to take when requesting paternity leave for bereavements.
Be supportive through their grief
Everyone deals with grief in their own way. It falls on employers to ensure their staff have their upmost support throughout such tragic times.
Whilst bereavements are a personal experience, the consequences can be present in the workplace environment. Aim to keep open communication with bereaved employees whilst on leave, providing as much reasonable support as possible. It’s also important to ensure they’re well enough to work again if they decide to come back.
Provide the right statutory requirements
Under the new act, all relevant employees could qualify for paternity leave from their first day of work. The new act doesn’t outline ruling on paternity leave bereavement pay.
However, it’s considered as a form of leave – meaning, employees will need financial support. Your company could decide to pay them the same rate as you would for maternity pay.
Promote equality and inclusive language
The introduction of the new Paternity Leave Act arguably derived from talks on equality and inclusion. Certain rights were made available to mothers but not fathers; or biological parents compared to adoptive ones.
The new act uses inclusive language applicable to those in same-sex relationships and civil partnerships. This move is a clear reflection of the nuclear family situation found in UK’s society today.
Get expert advice on the Paternity Leave (Bereavement) Act with Peninsula
Death can affect any one of us. But the passing of a mother is a significantly one that affects the entire family. Employers should show support for bereaved employees going through personal tragedies, like losing their wife or partner.
Peninsula offers expert advice on the Paternity Leave (Bereavement) Act. We also offer 24-hour HR advice – ensuring your business provides legal bereavement rights to grieving employees.
Want to find out more? Contact us on 0800 028 2420 and book a free consultation with an HR consultant today.
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