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The Parental Bereavement (Leave and Pay) Act (Northern Ireland)
Below, we explore the key features of the expanded rights.<\/p>\n Scope of the new right<\/p>\n The scheme will mirror existing parental bereavement provisions
Eligibility, however, extends beyond only the woman experiencing
The definition of \u201cmiscarriage\u201d has been broadened
Pay, evidence and notice<\/p>\n Statutory pay will match the rate for current parental
There will be no medical evidence requirements, a
Notice rules will also mirror the existing scheme. For leave
Next steps<\/p>\n The Department will deliver the policy in line with the Parental
What this means for employers<\/p>\n
The content of this article is intended to provide a general
\n2022 introduced a statutory entitlement to two weeks’
\nparental bereavement leave and statutory payment for eligible
\nworking parents following a stillbirth after 24 weeks, or the death
\nof a child under 18. However, the Act also placed a legal duty on
\nthe Department to extend those regulations to cases of miscarriage
\nand to remove the previous 26 week qualifying period for pay so
\nthat parental bereavement pay (including for miscarriage,
\nstillbirth and child death) would become a day one right. It had to
\ndo this by 6 April 2026, and despite a consultation on these
\nexpanded rights taking place in 2022, the Department has only now
\nreleased its response and plan for implementation. Northern Ireland
\nwill now be the first region of the UK to put in place specific
\nmiscarriage leave, see our previous insight on this\u00a0
\nhere<\/a>.\u00a0<\/p>\n
\nfor stillbirth (pregnancy loss after 24 weeks) and death of a child
\nunder 18 years. Eligible employees who experience a miscarriage
\nwill have the right to two weeks’ leave, taken either as a
\nsingle two week block or two separate one-week blocks. The leave
\nmust be taken within 56 weeks of the date the woman experiences the
\nmiscarriage or becomes aware of it.<\/p>\n
\nthe pregnancy loss to her current partner or spouse and others
\nmeeting defined relationship criteria (for example, an ex partner
\nsignificantly linked to the pregnancy), aligned with the existing
\nframework for stillbirth and the death of a child. Workers will
\nalso be eligible for pay on the same terms as employees.\u00a0<\/p>\n
\nto include spontaneous loss and pregnancy loss after specified
\nmedical interventions up to 24 weeks, including cases linked to
\nectopic and molar pregnancies. This change has been agreed by the
\nNorthern Ireland Executive and the entitlement will apply in each
\ninstance of miscarriage.\u00a0<\/p>\n
\nbereavement leave (currently paid at the statutory parental
\nbereavement rate or 90% of weekly earnings if lower), and will also
\nbe a\u00a0day one\u00a0right from April 2026.
\nEligibility for pay remains subject to the lower earnings limit,
\nwith an extended assessment period and assumptions of earnings to
\nensure access to this pay from day of employment where appropriate.
\nThe 26 week qualifying period for bereavement leave\/pay for
\nstillbirth and the death of a child under 18 will also be
\nremoved.<\/p>\n
\nself-declaration of entitlement to leave will be the only
\nobligation on eligible employees. This matches the current approach
\nfor stillbirth and the death of a child, reflecting the sensitivity
\nof the circumstances and avoiding unnecessary burdens on employees,
\nemployers and the health service.<\/p>\n
\ntaken within the first 8 weeks after the miscarriage, an employee
\nmust notify before the normal start time on the first day of leave
\nor as soon as reasonably practicable. For leave between weeks 9 and
\n56 after the miscarriage, at least one week’s notice is
\nrequired. For pay, workers and employees must notify within 28 days
\nof the first day the payment is to be made or as soon as reasonably
\npracticable. In reality, however, notice to take leave will also be
\nnotice that employee wishes to be paid for miscarriage leave.<\/p>\n
\nBereavement (Leave and Pay) Act (Northern Ireland) 2022, extending
\nthe rights by April 2026. Regulations will proceed via the draft
\naffirmative process, with further engagement with HMRC and
\nstakeholders to operationalise the changes. Eligible employees will
\nimmediately be able to claim from day one for losses where a woman
\nbecomes aware of the miscarriage on or after 6 April 2026.<\/p>\n
\nThe DfE makes clear in its response that this is to be regarded
\nas a minimum entitlement and that employers should build a more
\nholistic miscarriage package when they are in a position to do so.
\nIf not already doing so, building miscarriage leave into existing
\nparental bereavement policies will be a necessary first step.
\n
\nMiscarriage leave is also designed to be granted alongside a
\nwider support package. It will therefore be necessary to make sure
\nemployees are also aware of sick pay, contractual leave and
\ncompassionate leave where appropriate and depending on their
\ncircumstances.
\n
\nConsider the entire workforce as part of this – cover will
\nextend to partners and others meeting the defined relationship
\ntest.
\n
\nManager training will be key – brief managers on the upcoming
\nchanges, how to handle gathering evidence and notice of leave
\ncompassionately and confidentially, and often at short notice.
\n
\nConfigure payroll systems for day one pay eligibility, lower
\nearnings limit assessments over extended periods, and statutory
\nrate settings.
<\/p>\n
\nguide to the subject matter. Specialist advice should be sought
\nabout your specific circumstances.<\/p>\n","protected":false},"excerpt":{"rendered":"Paul Gillen\u2019s articles from Lewis Silkin are most popular:
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in United Kingdom
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