The Private Members' Bill, the Shared Parental Leave and Pay (Bereavement) Bill was substantively amended at committee stage on 20 March and renamed the Paternity Leave (Bereavement) Bill.
If it progresses in its current form it would amend the Employment Rights Act 1996 in the following way:
- Paternity leave (rather than Shared Parental Leave (SPL)) will enable bereaved fathers and partners to take leave on the death of a child's mother (or adoptive parent), even when they do not have the usual 26-week minimum service requirement. A bereaved parent of an adopted child or a child born through a surrogacy arrangement will also fall within scope.
- The current stipulation that a parent who has taken SPL cannot subsequently take paternity leave will be removed.
- In situations where the child also dies (or is returned after adoption), regulations could allow the father or partner to stay on paternity leave for a period, despite the fact that they would not be taking the leave for the usual purpose of supporting the mother or caring for the child.
- Regulations could provide enhanced redundancy protection to bereaved employees when they return from extended paternity leave, allow them to have keep-in-touch days and allow them to carry out work for their employer without bringing their leave to an end.
The report stage of the Bill is expected to take place on 26 April 2024.
