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Parental Bereavement
April 6, 2020
Jacks Law Legislation
The new statutory leave regulations (Jacks Law) are the result of a campaign in memory of 23-month-old Jack Heard and came into force on 6th April 2020. The new legislation means that all parents will be entitled to 2 weeks paid bereavement leave for the death of a child under 18 years of age, as a right from day one of their employment.
Leave will be paid at the statutory rate if an employee has 26 weeks’ service. Employers can choose to enhance this if they wish. Leave may be taken in a 2 weeks block or as 2 separate weeks and must be taken within 56 weeks of the child’s death.
As this new legislation comes into force it’s the perfect opportunity for employers to consider what help and support they offer employees who have recently suffered the loss of a close friend or family member (or even a pet)
Employers often don’t know how to deal with employees that are grieving (let’s be honest, nobody knows what to say or do in these circumstances) Most importantly employers should be encouraging employees to take the time they need to grieve and, where an employee is reluctant to take leave, employers should be actively speaking with these individuals to encourage them to take leave by showing them that the business is supportive and sympathetic to their situation.
So that you are equipped to deal with bereavement in your own business make sure that your managers:
- Are capable of holding sensitive conversations;
- Offer their condolences and let the employee know that, for the time being, work comes 2nd;
- Ask the employee how they want their colleagues to be told about the bereavement (please don’t go ahead and publicise employees’ personal circumstances without checking with the individual first);
- Are aware of the flexible working policy (a bereavement can often result in a request to work reduced/alternative hours);
- Are sensitive to changes in behaviour following a bereavement and know how to deal with these;
- Tell employees who they can talk to in the business if they need additional support;
- Monitors an employee’s well-being when they return to work;
- Treat employees with compassion and consider how they would want to be treated if the boot were on the other foot;
- Take a consistent approach and where they are unsure seek professional advice.
Jacks Law is a step forward in recognising and supporting bereaved parents however, employers should always look beyond the legislation minimums and consider what additional support they can offer their employees, for example, a further period of paid/unpaid leave or subsidised bereavement counselling.
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