There can be few worse experiences in life than the loss of a child. The devastating impact upon the emotional and physical well-being of those left behind is huge and as employers, it is crucial that procedures are in place to support parents in this situation.
A major step forward in this area is being introduced from April 2020, with the introduction of Jack’s Law. Jack’s Law gives parents the right to a minimum of two weeks statutory leave for parents who suffer the devastating loss of a child, instead of the current three days.
Around 7,500 child deaths, including around 3,000 stillbirths, occur in the UK every year. The government estimates that this new entitlement will help to support around 10,000 parents a year.
What is Jacks Law?
Jack’s Law is named such in memory of Jack Herd. His mother Lucy Herd has been pushing for a reformation of bereavement laws for 10 years after her son drowned, just before his second birthday. She has been campaigning tirelessly on the issue of statutory leave for all employed parents who lose a child under the age of 18 or suffer a still birth from 24 weeks of pregnancy. This is irrespective of how long they have worked for their employer.
Why is this so important?
In the immediate aftermath of a child passing away, parents not only have to come to terms with their own personal loss, but also the grief felt by the wider family. Parents may need to provide additional support to other children in the family, partners, grandparents and members of the extended family. Arrangements need to be made and organisations contacted, which can take considerable time and most importantly emotional energy.
The introduction of Jack’s Law is a welcome reform in UK legislation, but we must recognise that this is the absolute minimum that businesses can do to help support a grieving parent. Two weeks’ leave in such circumstances really isn’t much, but that said, this is one of the most generous parental bereavement leave provisions in the world.
What does it mean?
The implementation of Jack’s Law on 6th April 2020 will enable parents to take 2 weeks of leave after the loss of their child. This two-week period can be taken as a single block or can be split and taken at different times across the first year after a child’s death. This enables parents to take the necessary time during the initial aftermath and or when key milestones occur within the following year, such as a birthday, Christmas or another significant event.
Entitlement to this leave is a right from day one of employment.
For those employees with 26 weeks’ continuous service and average earnings at or above the lower earnings limit (currently £118 per week) they will also be entitled to statutory parental bereavement pay, currently £151.20 per week or 90% of their average weekly earnings, whichever is lower.
Once the law takes effect, it will be a fitting testament to the efforts of Jack’s mother, Lucy who along with many other charities, have worked vigorously to provide parents with greater support.
All employers need to be aware of this important change in the law and should consider what additional support that they can offer to bereaved parents within the workplace. Support from employers can play a vital part in the aftermath of a child’s death by providing employees with the stability and reassurance they need, as well as providing compassion and understanding.
This new law arrives ahead of the government’s new Employment Bill, announced in the Queen’s Speech in December 2019.
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If you need any further advice on how to best prepare for the implementation of Jack’s Law in the workplace or if you would like to review your Parental Leave provisions, please do not hesitate to contact our office on 01625 428926 or enquiries@sitrusconsulting.com
