Section 80EA Employment Rights Act 1996

Section 80EA of the Employment Rights Act 1996 is about Parental bereavement Bereavement leave. It provides as follows:

(1)The Secretary of State must make regulations entitling an employee who is a bereaved parent bereaved person to be absent from work on leave under this section.

(2)For the purposes of subsection (1) an employee is a “bereaved parent” if the employee satisfies conditions specified in the regulations as to relationship with a child who has died.

(2)For the purposes of subsection (1) an employee is a “bereaved person” if the employee satisfies specified conditions as to relationship with a person who has died.

(3) The conditions In a case where the person who has died is a child, the conditions specified under subsection (2) may be framed, in whole or in part, by reference to the employee’s care of the child before the child’s death.

(3A)For the purposes of subsection (1) an employee is also a “bereaved person” if—

(a)the employee has suffered a pregnancy loss of a specified kind, or

(b)the employee satisfies specified conditions as to relationship with—

(i)a person who has suffered a pregnancy loss of a specified kind, or

(ii)a child who had been expected to be born had a pregnancy loss of a specified kind not occurred.

(4)The regulations must include provision for determining—

(a)the extent of an employee’s entitlement to leave under this section in respect of a child;

(b)when leave under this section may be taken.

(5)Provision under subsection (4)(a) must secure that where an employee is entitled to leave under this section in respect of the death of a child the employee is entitled to at least two weeks’ leave.

(5A)Provision under subsection (4)(a) must secure that, where an employee is entitled to leave under this section otherwise than in respect of the death of a child, the employee is entitled to at least one week’s leave.

(6)Provision under subsection (4)(b) must secure that leave under this section must be taken before the end of a period of at least 56 days beginning with the date of the child’s death the specified day.

(7)The regulations must secure that where a person is eligible under subsection (1) as the result of the death of more than one child, the person is entitled to leave in respect of each child.

(7)The regulations must secure that, where an employee is eligible under subsection (1) as the result of the death of more than one person, the employee is entitled to leave in respect of each person.

(8)The regulations may make provision about how leave under this section is to be taken.

(9)In this section—

“child” means a person under the age of 18 (see also section 80EE for the application of this Chapter in relation to stillbirths after twenty-four weeks of pregnancy);
“live birth” means the birth of a child born alive;
“pregnancy loss” means—
(a) the ending of a pregnancy after less than twenty-four weeks of pregnancy in any way other than by a live birth, or

(b) the failure of an embryo to become implanted following a transfer carried out in the course of providing treatment services within the meaning of the Human Fertilisation and Embryology Act 1990;

“specified” means specified in the regulations;
“week” means any period of seven days.

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Source: legislation.gov.uk
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