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Parental Bereavement Leave and Pay Policy and Procedure

Contents

Statement of Policy

This policy sets out the arrangements for parental bereavement leave and pay in the event of the death of a child or a stillbirth occurring on or after 6 April 2020.  It entitles eligible working parents to two weeks of paid parental bereavement leave if their child or a child in their care has died or been stillborn after 24 weeks of pregnancy.

It is based on the statutory right to parental bereavement leave and statutory parental bereavement pay, which were introduced with effect 6 April 2020, and enhances those statutory rights as set out below. 

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Eligibility

This policy applies to all employees of the University regardless of length of service.

Parental bereavement leave

Employees are entitled to parental bereavement leave following the death of a child under the age of 18, or stillbirth (after 24 weeks of pregnancy) and, the employee or their partner: o is the child’s parent or foster parent;

  • has had the child placed with them for adoption (whether by a UK adoption agency or from overseas);
  • is their intended parent under a surrogacy arrangement;
  • is the natural parent of a child who has since been adopted by someone else, and there is a court order allowing them or their partner to have contact with the child;
  • looks after the child in their own home, other than as a paid carer, and have done so for at least four weeks (a parent “in fact”).

To be eligible, employees must also give notice as required (see below). 

Parental bereavement leave can be taken in blocks of one week, two consecutive weeks, or two separate weeks. It can be taken at any time during the first 56 weeks after the child’s death.

If an employee is taking another type of parental leave (for example, maternity or paternity leave) when the child dies or stillbirth happens, any parental bereavement leave must start after the other period of leave has ended but does not have to be taken immediately after. This applies even if the leave is for another child.

If the parental bereavement leave is interrupted by the start of another type of parental leave, the remaining parental bereavement leave may be taken after the other leave has ended, provided this is within 56 weeks of the date of death or stillbirth. 

Parental bereavement leave can be taken between blocks of shared parental leave booked before the child died. This still applies if the shared parental leave is for another child.

Parental bereavement pay

Any period of parental bereavement leave will be paid at full pay, regardless of any entitlement to statutory parental bereavement pay, provided the employee supplies the information required by form HR57. Full pay will include any entitlement to statutory parental bereavement pay for that week.

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Procedure

Notification of leave in the first eight weeks

In the first eight weeks after a child has died, there is no requirement to give advance notice to take parental bereavement leave. Employees should notify their line manager as soon as they can on the day they want their leave to start, before the time they would normally start work, where possible. They can arrange for someone to do this on their behalf if necessary.

If they have already started work, then their parental bereavement leave period will start on the following day. 

Employees can cancel any planned parental bereavement leave in the first eight weeks by notifying the University at any time before the leave starts, and no later than the time they would normally start work on the first day of the leave period. Leave cannot be cancelled once it has started.

Employees can give notice to their line manager or departmental administrator by phone or email. They are not required to give notice through the form of a letter. They do not need to give proof of death or stillbirth.

Notification of leave after more than eight weeks

To take parental bereavement leave more than eight weeks after the child has died, employees should give at least a week’s notice. 

Parental bereavement leave can be cancelled with a week’s notice and can be re-booked by giving a week’s notice.

Employees can give notice to their line manager or departmental administrator by phone or email. They are not required to give notice through the form of a letter. They do not need to give proof of death or stillbirth.

Recording Parental Bereavement leave and claiming Parental Bereavement Pay

Employees will be asked to confirm the following information in writing within 28 days of starting any period of parental bereavement leave:

  • the employees name;
  • the date the child died or was stillborn;
  • the dates of parental bereavement leave taken; and
  • the employees relationship to the child.

This should be done by way of completion and return of form HR57 to the employee’s departmental administrator to arrange approval and return to the Human Resources Division.

Stillbirths, neonatal deaths, adoptions and surrogacy and other leave

Entitlement to maternity leave and pay is not affected if the employee’s child has died or been stillborn. Employee’s can take maternity leave in addition to parental bereavement leave.  See the Maternity leave policy and procedure.

Employees may be entitled to adoption leave and pay as a result of a child being placed with them for adoption, or because they are an intended parent under a surrogacy arrangement. If the child has died or been stillborn, adoption leave entitlement runs for another eight weeks from the end of the week in which the child died (unless it would already have ended sooner). This is in addition to an employee’s right to parental bereavement leave. See the Adoption leave policy and procedure.

Employee’s may be entitled to paternity leave and pay as a result of the birth of a child (including a birth to a surrogate mother), or the placement of a child with them for adoption. If the child has died or been stillborn employee’s can take paternity leave in addition to parental bereavement leave. See the Paternity leave policy and procedure.

Employees may be entitled to paid compassionate leave or leave for emergencies involving dependants (see the Special Leave Policy) in the circumstances. These are separate and in addition to any entitlement to under this policy.

Effect on sabbatical leave

For academic staff with an entitlement to leave under Special Ordinance C (i) 2 (b), any period of parental bereavement leave taken will not affect the calculation of reckonable service for sabbatical leave purposes.

Benefits during leave

During any period of paid parental bereavement leave, terms and conditions of employment continue as normal. Continuity of service is maintained and any standard incremental progression taking place during the parental bereavement leave will be implemented. In particular, annual leave entitlement will continue to accrue as normal for the entire period of parental bereavement leave.

Pension implications

During any period of paid parental bereavement leave, pension benefits are accrued as if the member is at work. However it is recommended that any member of staff who has queries on their pension entitlement should contact the Pensions Office for information.

Support

An employee who is due to go on, or is currently taking parental bereavement leave, is entitled to access all of the usual support networks available to staff. This includes within their Department (e.g. Departmental Administrator), within HR (e.g. HR Business Manager/Adviser), the Occupational Health Service and Staff Counselling Service.

Below are links to some relevant charities which may also be able to provide support and guidance in the circumstances:

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Guidance and additional sources of support

Documentation

HR57 Parental Bereavement Leave and Pay Form

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Policy ownership and status

This policy is not contractual. It will be reviewed by the HR Division on a regular basis and amendments may be made in the light of any changes in legislation.

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