If you are grieving for the death of your baby or child, you have our sincere condolences. Our guidance on parental bereavement leave and pay sets out your employment rights as a teacher or support staff member in a school or college and what we would expect from a good employer. This supplements our distinct guidance on stillbirth and neonatal loss which signposts to specialist community and emotional support for you, should you require it.
Statutory parental bereavement leave and pay provide additional support to some families during the most difficult period in their lives, but the limited scope of the rights leaves many bereaved parents unsupported.
The NEU is calling for the rights to be extended to parents who have had a miscarriage, ectopic or molar pregnancy loss, or termination before 24 weeks of pregnancy and is urging employers to adopt policies that support all bereaved parents.
Your rights
Eligibility
You are entitled to statutory bereavement leave if you are the parent of a baby who was stillborn after 24 weeks of pregnancy, a baby who was born but then died within 28 days -whether they were born before or after 24 weeks of pregnancy (a neonatal death) or a child under the age of 18 who has died. You must be an employee and have notified your employer of your intention to take leave.
Regrettably, the statutory right is not available to you if you had a miscarriage or termination before the end of 24 weeks of pregnancy. You might be able to take bereavement leave or other compassionate leave if your employer has adopted the NEU model policy or otherwise agreed to enhance your statutory rights.
The statutory right extends to the child or baby’s birth parents as well as to adoptive parents and partners; it does not extend to paid carers.
There is no minimum length of service requirement to qualify for unpaid parental bereavement leave; it is a day one right.
To qualify for paid parental bereavement pay, you must have accrued at least 26 weeks’ continuous service with your employer (ending with the week before your child died) and have normal weekly earnings in the period of eight weeks (ending with the week before your child died) of at least the lower earnings limit. The right to pay extends to employees and agency workers paid through PAYE with tax and class 1 national insurance deducted through your employer’s payroll.
Length of parental bereavement leave
Employees are entitled to take leave of one whole week, two continuous whole weeks or two separate whole weeks, starting on any day of the week. You can take the leave anytime within the first 56 weeks after the death or stillbirth or your child, so you can if you wish take your second week of leave around the anniversary of your child's death. If you lose more than one child, for example if you lose twins after 24 weeks of pregnancy, you may take separate periods of leave and pay in respect of each of your children. Qualifying agency workers are entitled to be absent, but they will not be entitled to return to their assignment.
Rate of parental bereavement pay
Unless your employer has adopted the NEU model policy or otherwise agreed to pay a higher rate of parental bereavement pay, you will be entitled to the basic rate of statutory parental bereavement pay or 90 per cent of your average weekly earnings, whichever is lower. It is worth noting that contractual sick pay is usually more generous than the statutory rate of parental bereavement pay.
Impact of parental bereavement leave on your job
If you are an employee, your terms and conditions - except those related to your pay - continue while you are on parental bereavement leave. Your seniority, pension and similar rights must be the same as they would have been if you had not been absent, and your terms and conditions must not be less favourable than those which would have applied if you had not been absent.
You have a right to return to the job in which you were employed before your absence if you take parental bereavement leave only.
Your right to return is modified if you take parental bereavement leave consecutively with a period of parental leave of more than four weeks; or other statutory family-related leave (maternity, adoption or shared parental leave) taken in relation to the same child where the total amount of statutory leave taken in relation to that child is more than 26 weeks. In this case, your right is to return to the same job or, if it is not reasonably practicable for your employer to permit you to return to that job, to another job which is both suitable and appropriate for you to do in the circumstances.
Employees are protected from dismissal or detriment for exercising their right to leave.
If you are a qualifying agency worker, you will be entitled to statutory parental bereavement pay. You will not have an entitlement to return to your assignment but we encourage employers and agencies to adopt and apply policies that are more generous than the statutory entitlements.
Your actions
❱ If you have experienced a pregnancy loss or baby loss, when you have a chance, take a look at the NEU Pregnancy loss resources. The guidance makes recommendations about securing your rights to privacy and other protections.
❱ Should you require immediate, confidential support including counselling or coaching related to your bereavement, you can contact the Education Partnership helpline on 08000 562 561 or at educationsupport.org.uk
Notifying your employer - leave
❱ We believe that the statutory notice requirements are unduly complicated, given the distressing circumstances that give rise to the right to take parental bereavement leave. It is likely that your employer will apply the statutory notice provisions, though we expect them to be as flexible as possible.
❱ Notifying your employer of your circumstances will not be easy, we have prepared sample text that you can use but of course you should use your own words if you are able to. You may wish to inform your employer initially by phone call, text or email. Later on, you’ll need to confirm some information in writing.
❱ To take statutory parental bereavement leave, you’ll need to notify your employer of the date of your child’s death, the date on which you wish your bereavement leave to start and whether you intend to take a period of one- or two- weeks’ leave.
❱ The length of notice you need to give depends on when you wish to exercise your right to leave:
❱ If you need to start your leave within the first eight weeks starting with the day your child died, you are required to tell your employer of your intention to take parental bereavement leave before the first day of your absence or as soon as is reasonably practicable.
❱ If you need to start your leave after the first eight weeks since your child died, you are required to give at least one weeks’ notice of your intention to take leave.
❱ Unless your employer has adopted the NEU model policy or otherwise agreed to a longer period of notice, you can cancel or rearrange your leave with the same degree of notice as above.
Notifying your employer - pay
❱ To secure your entitlement to statutory parental bereavement pay, you must provide information to your employer either before the start of your bereavement leave, or no more than 28 days after the first day of your leave. If it is not possible to give it in that time, you can provide it as soon as reasonably practicable afterwards.
❱ The information must include your name, your relationship with your deceased child, the date of your child’s death or stillbirth and the week or weeks for which you are claiming bereavement pay. You are not required to provide proof of your child’s stillbirth or death (but a stillbirth certificate is required if you are claiming maternity pay in the event of a stillbirth).
❱ Keep records and screenshots of your conversations and communications with your employer or agency and confirm all important conversations by email.
❱ Ask your NEU rep for support if you are having difficulties in accessing your rights at work.
❱ If you need further advice about your rights at work, contact the NEU AdviceLine on 0345 811 8111 or email us at [email protected]
In summary, we recommend that you inform your employer as soon as you are able of your loss, that you need to take parental bereavement leave and when you intend to take it. If you also qualify for statutory bereavement pay, your employer is likely to write to you to ask you to confirm the date of your child’s death, your relationship with your child and the dates you intend to take bereavement leave.