Features

Childcare Counsel - bereavement leave

Management
Our resident employment lawyer Caroline Robins, principal associate at Eversheds, answers your questions

Q The nursery has an informal policy of allowing staff to take five days’ bereavement leave. One of the nursery staff has stated that there is now a statutory legal entitlement to two weeks’ paid leave. Is she right?

A No, there is no statutory entitlement to bereavement leave, paid or otherwise. Many employers do have a policy allowing a period of paid leave in the event that a close relative dies or becomes critically ill. Further, there is a statutory entitlement to a reasonable amount of unpaid time off to take action necessary after a dependant’s death.

There is a proposal to introduce a right for employees who lose a child (including a still birth after 24 weeks) the right to at least two weeks’ leave, two weeks’ statutory bereavement pay and protection from detriment, redundancy and dismissal as a result of bereavement leave. It may be this proposal that your member of staff is referencing. Consultation responses are in the process of being considered.

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