COMPLIANCE
Bereavement leave and pay
LoraMurphy ACIPP, CIPP senior policy liaison officer, discusses the new employment right that will have effect in April
I t is universally accepted that when a person is physically ill, they will probably be required to take a period of leave from their job in order to recuperate and to reach a state where they are deemed as being ‘fit for work’ and able to resume normal duties. There is also a growing understanding that mental anguish can be just as detrimental, if not worse, than ailments of a physical nature, and this is particularly prevalent when focussing on the issue of bereavement. Scientific evidence proves that grief and distress are such powerful emotions that they end up affecting physical health and triggering undesirable symptoms in individuals. So physical and mental health are not entirely independent of one another and can often overlap. Many businesses understand this and will be highly supportive to their staff if, unfortunately, somebody close to them dies. There is, however, currently no statutory requirement to pay a member of staff who needs time off to allow them to grieve for a loved one, but it is highly likely that organisations will have policies surrounding bereavement. Accordingly,
staff members should familiarise themselves with the procedures to follow, and the entitlements that are available so that they are prepared if they ever need to know this information. The guidance provided on statutory entitlement to unpaid leave is somewhat vague, to say the least. The Gov.UK page, titled ‘Time off for family and dependants’ (see http://bit.ly/2LXQf4o), advises: “As an employee you’re allowed time off to deal with an emergency involving a dependant. A dependant could be a spouse, partner, child, grandchild, parent, or someone who depends on you for care. You’re allowed a reasonable amount of time off to deal with the emergency, but there’s no set amount of time as it depends on the situation. If you aren’t given time off for dependants, your employer may allow you ‘compassionate leave’ – this can be paid or unpaid leave for emergency situations. Check your employment contract, company handbook or intranet for details about compassionate leave.” The advice given on Gov.UK echoes the sentiment that everybody deals with and reacts to things differently, which is true,
so one person may need a longer period off than another as they aren’t coping well with loss and are unable to continue with day-to-day activities, such as going to work. It is equally true that the length of absence could depend on the nearness of the individual’s relationship with the deceased person. Although the effects of bereavement are very subjective, the absence of a fixed statutory entitlement to leave could prove frustrating for employers that are unsure of how to proceed, as some businesses would prefer concrete guidance on how to act, particularly on a subject of such a sensitive nature. Leave and pay Though the observations above relate to a broader outlook of bereavement and compassionate leave, the government has confirmed that from April 2020 statutory parental bereavement leave and pay become available under provisions of the Parental Bereavement (Leave and Pay) Act 2018. There will be a legal requirement for an amount of leave and an amount of pay to be granted, should the affected staff member meet certain qualifying criteria. The new policies will be applied to staff who lose a child under the age of eighteen or suffer a stillbirth from 24 weeks onwards. In recognition of the fact that losing a child is potentially the worst thing that somebody could ever
...legal requirement for an amount of leave and an amount of pay to be granted...
| Professional in Payroll, Pensions and Reward | February 2020 | Issue 57 18
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