One of the last pieces of legislation to come into law following the conservative party calling an election was one which gives working fathers, non-birthing partners, or a person with whom a child has been (or is expected to be) placed, the right to immediate paternity leave should the mother die during childbirth.

In summary: this will give those affected the right to some time off work at what would be a harrowing time without having to rely on the discretion of their employer giving them time to focus on how to move forward with their lives, and in some circumstances, with a newborn child.

Paternity Leave (Birth)

In cases where a child’s mother dies, the existing entitlement for the child’s father, or the mother’s partner, to be absent from work on Paternity Leave following the birth of the child will:

1. not be subject to a continuity of service requirement (i.e. the employee will not need to have 26 weeks’ service as at the 15^th week before the expected week of childbirth – the employee would have the right from the first day of employment); 
2. the employee may be permitted to take Paternity Leave after Shared Parental Leave; and 
3. the requirement that Paternity Leave be taken only for specified purposes (i.e. to care for the child) can be disapplied in cases where the child also dies. 

Paternity Leave (Adoption)

In relation to those who are adopting a child or are becoming parents through surrogacy arrangements, the same provision is made. If the member of a couple who has elected to take Adoption Leave dies, the other parent (who has elected to take Paternity Leave) will:

1. not be required to have met any continuity of service requirement in order to take Paternity Leave;
2. they may be permitted to take Paternity Leave after Shared Parental Leave; and
3. the requirement that Paternity Leave be taken only for specified purposes can be disapplied in cases where the child also dies, or where the adoption is disrupted after the child has been placed.

‘Keeping In Touch’ (KIT) Days

It is open to the Secretary of State to make regulations with provision concerning KIT days. KIT days enable an employee to do some work for their employer during a period of leave without bringing that particular period of leave to an end, or otherwise affecting their entitlement to that kind of leave.

Implementation

Whilst this Bill scraped through the house receiving royal ascent on 24^th May, unsurprisingly we do not know when it will be implemented because regulations are required from the Secretary of State. 

Consequently, we will keep you advised accordingly!

For more advice surrounding this, or any further HR support, learn more about our HR services or talk to our team.