Bereavement leave

69 Bereavement leave

(1)

An employee may take bereavement leave in accordance with sections 63 and 70 if the employee suffers a bereavement.

(2)

An employee suffers a bereavement—

(a)

on the death of the employee’s—

(i)

spouse or partner:

(ii)

parent:

(iii)

child:

(iv)

brother or sister:

(v)

grandparent:

(vi)

grandchild:

(vii)

spouse’s or partner’s parent; or

(b)

on the death of any other person if the employer accepts, having regard to relevant factors such as those set out in subsection (3), that the employee has suffered a bereavement as a result of the death; or

(c)

on the end of an employee’s pregnancy by way of a miscarriage or still-birth; or

(d)

on the end of another person’s pregnancy, by way of a miscarriage or still-birth, if the employee—

(i)

is the person’s spouse or partner; or

(ii)

is the person’s former spouse or partner and would have been a biological parent of a child born as a result of the pregnancy; or

(iii)

had undertaken to be the primary carer (as described in section 7(1)(c) of the Parental Leave and Employment Protection Act 1987) of a child born as a result of the pregnancy; or

(iv)

is the spouse or partner of a person who had undertaken to be the primary carer of a child born as a result of the pregnancy.

(3)

For the purposes of subsection (2)(b), relevant factors include—

(a)

the closeness of the association between the employee and the deceased person:

(b)

whether the employee has to take significant responsibility for all or any of the arrangements for the ceremonies relating to the death:

(c)

any cultural responsibilities of the employee in relation to the death.

(4)

In this section,—

miscarriage means the end of a pregnancy in the first 20 weeks of pregnancy other than as a result of abortion services provided in accordance with the Contraception, Sterilisation, and Abortion Act 1977

still-birth means a still-birth within the meaning of the Births, Deaths, Marriages, and Relationships Registration Act 1995 other than as a result of abortion services provided in accordance with the Contraception, Sterilisation, and Abortion Act 1977.

Compare: 1981 No 15 s 30A(7)

Section 69(2)(a)(i): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 69(2)(a)(vii): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Section 69(2)(b): amended, on 31 March 2021, by section 4(1) of the Holidays (Bereavement Leave for Miscarriage) Amendment Act 2021 (2021 No 10).

Section 69(2)(c): inserted, on 31 March 2021, by section 4(2) of the Holidays (Bereavement Leave for Miscarriage) Amendment Act 2021 (2021 No 10).

Section 69(2)(d): inserted, on 31 March 2021, by section 4(2) of the Holidays (Bereavement Leave for Miscarriage) Amendment Act 2021 (2021 No 10).

Section 69(4): inserted, on 31 March 2021, by section 4(3) of the Holidays (Bereavement Leave for Miscarriage) Amendment Act 2021 (2021 No 10).