Terms and Conditions of Employment — House of Commons, 2020-03-03
Topic: Social Welfare
Paul Stuart Scully (Conservative, Centre-right): I thank my right hon. Friend for his diligent examination of the papers before him. I am glad he is informed The regulations define a "bereaved parent" in broad terms by reference to the employee’s relationship to the child. That reflects the diversity of existing family structures, taking account of biological and adoptive parents, as well as certain foster carers and kinship carers. As far as possible, we have sought to base the definition on facts that are easily identifiable to the employee and their employer Bereaved parents will be able to take two weeks’ leave from their job, and they will have the choice of whether to take those weeks consecutively or non-consecutively. The regulations provide a window of 56 weeks, beginning with the date of death, in which the entitlement can be exercised. Bereaved parents will therefore be able to take time off in the immediate aftermath of the death, at a later point—for example around the first anniversary of the death—or on both occasions, as they see fit Consistent with other rights to family-related leave, the employee will be required to give notice to their employer before taking parental bereavement leave, and such notice can be given orally. The notice required for leave will vary depending on when leave is taken in relation to the date of death or stillbirth. A very short notice period is required for leave taken soon after the death, whereas one week’s notice is required for leave taken later in the 56-week window. In both cases, the notice required for leave is designed to be minimal and to place as little burden on the employee as possible To claim statutory parental bereavement pay, the employee must provide notice to their employer in writing. Notice for pay can be given after the leave has been taken, meaning that that requirement will not create a barrier to a bereaved parent taking time off. In no circumstances will an employee be required to produce their child’s death or stillbirth certificate in order to access that entitlement. The regulations mean that no evidence is required for a parent to exercise their right to take leave, but to be eligible for pay, an employee will be required to provide minimal evidence. Such evidence will be a written self-declaration that they meet eligibility conditions regarding their relationship with the child, together with confirmation of their name, and the date of the child’s death or stillbirth Throughout my remarks I have referred to employees, and that is because parental bereavement leave and pay are employment rights, meaning that individuals who have a different employment status will not qualify. That is consistent with all other statutory parental leave and pay entitlements The provisions in the statutory instruments will provide bereaved parents with an important space to grieve following the death or stillbirth of their child. The change in the law will also send a signal to employers about the importance and value of recognising bereavement, and of providing adequate support for parents in such circumstances. I commend the regulations to the House.