The Paternity Leave (Bereavement) Act (the "PLB Act") is expected to come into effect soon. It will grant bereaved fathers and partners expanded rights to paternity leave.
The Act received Royal Assent before the announcement of last year's general election. It will grant fathers and partners an automatic right to take paternity leave from day one of employment if the mother or adoptive parent of the child passes away.
Why is the PLB Act coming into effect?
Under current law, bereaved partners must meet certain conditions to be eligible for statutory paternity leave. These conditions include having worked for their employer for 26 weeks. Additionally, statutory paternity leave only lasts two weeks. As a result, many bereaved partners do not meet these requirements. Even if their employer allows time off, it's at the employer's discretion. There's also concern that two weeks is insufficient for someone who has lost their partner and may now be the primary caregiver.
The new Act will ensure bereaved fathers and partners are entitled to statutory leave during these challenging times.
What will the PLB Act do?
The Act will introduce several key changes:
- it removes the 26-week minimum service requirement for paternity leave eligibility. This applies when a co-parent dies within the first year after the child's birth.
- it eliminates the restriction preventing a parent who has taken shared parental leave from later taking paternity leave
There are also proposals for potential additions to the regulations:
- if the child also passes away, the employee may be allowed to remain on paternity leave
- bereaved employees returning from extended paternity leave may receive enhanced redundancy protection
- introduction of 'keep in touch' days, allowing employees to work briefly during leave without ending or affecting their entitlement
- extension of amount of paternity leave to up to 52 weeks.
However, commencement regulations will need to accompany the PLB Act when it is fully implemented.
What should employers do?
Employers should familiarise themselves with the new legislation and update their policies accordingly. This includes revising handbooks, contracts, and other business documents. These updates will clearly outline the steps employees need to follow when requesting bereavement-related paternity leave.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
