PART 2ENTITLEMENT TO PARENTAL BEREAVEMENT LEAVE
Entitlement to parental bereavement leave I14
1
An employee is entitled to be absent from work to take parental bereavement leave if he or she—
a
satisfies one of the conditions specified in paragraph (2); and
b
complies with the notice requirements in regulation 6.
2
The conditions referred to in paragraph (1) are that, at the date of C’s death, the employee is—
a
C’s parent;
b
c
a person with whom C has been placed for adoption, for so long as that placement has not been disrupted, as mentioned in paragraph (3);
d
an adopter—
i
with whom C was living; and
ii
who has received official notification in respect of C;
e
an intended parent of C;
f
C’s parent in fact; or
g
the partner of P.
3
For the purposes of paragraph (2)(c), a placement has been disrupted—
a
when C has been returned to the agency under Article 31(3) of the Adoption (Northern Ireland) Order 198724;
b
when C has been returned under sections 31 to 35 of the Adoption and Children Act 200225;
c
in Scotland, when C has been returned to the adoption agency, adoption society or nominated person in accordance with section 25(6) of the Adoption and Children (Scotland) Act 2007; or
d
when C’s placement—
i
with a local authority foster parent who is also a prospective adopter in accordance with section 22C of the Children Act 1989 following consideration in accordance with subsection (9B)(c) of that section26; or
ii
with a prospective adopter in accordance with section 81 of the Social Services and Well-being (Wales) Act 2014;
has been terminated.
4
Subject to paragraph (6), a person is C’s parent in fact if that person, for a continuous period of at least four weeks ending with the day on which C dies—
a
lived with C in the person’s own home; and
b
had day to day responsibility for C’s care.
5
For the purposes of the continuous period mentioned in paragraph (4), no account is to be taken of any absences of a temporary or intermittent nature.
6
A person is not to be regarded as C’s parent in fact if—
a
C is in the care of that person in premises in which any parent of C’s, or any person who is not a parent of C’s but who has responsibility for C, is living; or
b
that person was or is entitled to receive remuneration, whether by way of wages or otherwise, in respect of the care of C.
7
A person has responsibility for C, for the purposes of paragraph (6)(a), if the person has parental responsibility within the meaning of Article 6 of the Children (Northern Ireland) Order 199527.
8
For the purposes of paragraph (6)(b), the following payments are not to be regarded as remuneration—
a
any fostering fee or allowance paid to an approved foster parent;
b
payments wholly or mainly intended to reimburse the person for expenses which arise from, or are expected to arise from, the person’s care of C;
c
amounts received pursuant to the terms of a will, trust or similar instrument which makes provision in respect of C’s care.
9
In this regulation—
a
“P” means any person who satisfies one of the conditions in paragraph (2)(a) to (f);
b
“partner” means a person (whether of a different sex or the same sex) who lives with C and P in an enduring family relationship but is not a relative of P of a kind specified in sub-paragraph (c);
c
the relatives of P referred to in sub-paragraph (b) are P’s parent, grandparent, sister, brother, aunt or uncle;
d
references to relationships in sub-paragraph (c)—
i
are to relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for the adoption; and
ii
include the relationship of a child with his or her adoptive, or former adoptive, parents;
but do not include any other adoptive relationships.
10
Where an employee is eligible to take parental bereavement leave under this regulation as a result of the death of more than one child, the employee is entitled to parental bereavement leave in respect of each child.