Parental Bereavement Leave Provisions

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From 6th April the right to Parental Bereavement Leave and Pay comes into effect. 

Employees may request a period of parental bereavement leave in the event of the loss of a child under the age of 18 or in the event of stillbirth after 24 weeks of pregnancy.  This new provisions are in addition to any compassionate leave an Employer may offer after a bereavement.

An employee will be eligible if they are the legal parent, primary carer or have a parental relationship with the child.  This is an  intentionally broad definition which recognises the diversity of family life and  includes adoptive / foster parents and partner of bereaved parent if they live together in a family relationship.

Any leave should be taken within 56 weeks of the date of bereavement – either as 2 consecutive weeks or 2 separate periods of a week.  For example one week might be taken immediately after the bereavement and a second at a point later in the year.  Where an employee is on maternity or other family leave they should have the ability to take the bereavement leave at the end of this period.

In view of the nature of this type of leave it is recognised that requests are likely to be made with little or no notice where leave it to be taken very soon after the date of bereavement.  However Employees are required to notify the Headteacher that they are exercising their entitlement to take parental bereavement leave as soon as is practicable.

Where leave is taken more Employees are required to give 1 weeks notice of their intention to take leave where this is request more than 56 days after the date of bereavement.

Employees with more than 26 weeks service will also be entitled to statutory parental bereavement pay.  This will be paid at the statutory rate of £151.20 per week or 90% of weekly earning whichever is the lower.

Employers may choose to enhance the statutory provisions.  KCC offers the following enhanced parental bereavement provisions for Employees on Kent Scheme Conditions of Service

  • Paying employees at their normal contractual pay during their period of leave regardless of their length of service and.
  • Allowing leave to be taken in smaller periods of a few days or individual days equaling no more than 10 working days in total 

Kent Community and Controlled Schools are strongly advised to offer these enhanced provisions.  Kent Foundation and Voluntary Aided Schools are also encouraged to offer enhanced arrangements.

Schools are strongly encouraged to extend these enhanced provisions to Teachers.

Academies may choose to offer Employees provisions which exceed the statutory requirements.

We have updated our model Special Leave Policy to reflect these new provisions.

Please do contact us should you have an queries.