Parental bereavement leave in the Channel Islands

Key features of Jersey's statutory entitlement to parental bereavement leave are:

• working parents are entitled to two weeks unpaid leave from work following the death of a child under 18 years of age (including a child that is stillborn after 24 weeks of pregnancy)
• employees retain all employment benefits during leave, except pay
• entitlement to parental bereavement leave is a “day one” right
• the leave is available to take at any time up to 56 weeks from the bereavement, in up to three separate periods of any duration
• leave is available to the mother, father and second parent of the child, parents by marriage or civil partnership if that person expects to have responsibility for the child, adoptive parents, and a person who is an applicant (or potential applicant) for a parental order to be named as the child’s parent
• parents are not required to give their employer notice that they intend to take parental bereavement leave
• the balance of any leave is transferable if the employee moves to a different employer
• the right to this leave does not impact any other form of parental leave under the Employment Law; it is an additional right to time off work
• a non-statutory payment scheme (a government benefit) is available to any parent taking parental bereavement leave that will match the value of the mean average weekly earnings (currently £1,040 per week)

The intention of the legislation is clear – to ensure that grieving parents do not have to request or negotiate time off work following the tragic death of a child. A statutory period of leave ensures that parents in Jersey are in no doubt as to their right to time off work.

There is currently no equivalent legislation in Guernsey. Some employers may offer contractual or discretionary time off work in such circumstances. 

How Ogier can help

Ogier's Channel Island Employment and Immigration team will be happy to discuss any issues relating to parental leave and associated matters.

Reach out to a member of the team today to learn how we can help you.

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Disclaimer

This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.

Regulatory information can be found under Legal Notice