Employment Rights Act 1996

[F1 80EA Parental bereavement leave E+W+S

(1) The Secretary of State must make regulations entitling an employee who is a bereaved parent to be absent from work on leave under this section.

(2) For the purposes of subsection (1) an employee is a “bereaved parent” if the employee satisfies conditions specified in the regulations as to relationship with a child who has died.

(3) The conditions specified under subsection (2) may be framed, in whole or in part, by reference to the employee's care of the child before the child's death.

(4) The regulations must include provision for determining—

(a) the extent of an employee's entitlement to leave under this section in respect of a child;

(b) when leave under this section may be taken.

(5) Provision under subsection (4)(a) must secure that where an employee is entitled to leave under this section in respect of a child the employee is entitled to at least two weeks' leave.

(6) Provision under subsection (4)(b) must secure that leave under this section must be taken before the end of a period of at least 56 days beginning with the date of the child's death.

(7) The regulations must secure that where a person is eligible under subsection (1) as the result of the death of more than one child, the person is entitled to leave in respect of each child.

(8) The regulations may make provision about how leave under this section is to be taken.

(9) In this section—

• “child” means a person under the age of 18 (see also section 80EE for the application of this Chapter in relation to stillbirths);

• “week” means any period of seven days.]

Textual Amendments

F1 Pt. 8 Ch. 4 inserted (18.1.2020) by Parental Bereavement (Leave and Pay) Act 2018 (c. 24), s. 2(2), Sch. para. 2; S.I. 2020/45, reg. 2