From April, bereaved parents will have the right to two weeks paid bereavement leave if they lose a child. What rights are there for bereaved employees? What bereavement leave should employers offer? Should employers have a bereavement policy?
Currently employers are not obliged to offer paid bereavement leave, although in the case of stillborn babies and infants who die during the statutory maternity pay period, parents have the right to any residual statutory maternity and paternity pay.
Some employers encourage bereavement to be taken as “holiday leave” or as unpaid leave under the right to time off for dependent emergencies.
The campaign group, Cruse, has been campaigning for many years for employers to offer better support towards those who are bereaved. But this is the first time a direct right to bereavement leave has been enshrined in law.
Under the new rules, parents who have lost a child and who have been employed for at least 26 weeks will be entitled to a minimum payment of up to £148 a week during their bereavement leave, depending on the level of their salary.
The new law is the result of sustained campaigning by a mother who lost her son when he was 23 months old.
When an employee loses someone close
There are arguments for and against a specific bereavement policy. Leaving aside new legislation, the employer must balance the benefits of having an open equitable stance against retaining full freedom to respond to individual cases according to the circumstances and the individual in question.
For those who prefer an open defined stance, even if it still used with discretion, Employer Solutions provides a simple bereavement policy that allows for the employer to select a number of days they allow for bereavement, to which deceased relatives it will apply and provides the situation with some flexibility.
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If employers treat the need for bereavement in a fair and understanding manner, there should not be any need for further legislation on bereavement leave.
Malcolm Martin FCIPD
Author Human Resource Practice
Blogs are for general guidance and are not an authoritative statement of the law.