Statutory Parental Bereavement Leave and Pay

Chris Elmore Excerpts

Wednesday 6th December 2023 Westminster Hall

[Darren Henry (Broxtowe) (Con)]

I beg to move,

That this House has considered fatalities in childbirth and statutory leave and pay.

It is a pleasure to serve under your chairmanship, Mr Sharma. I start by thanking those who are here to speak. This is an incredibly important topic, so I am grateful to all those who have given up their time to be here. I extend my thanks to my hon. Friend the Member for Stafford (Theo Clarke), who has launched the all-party parliamentary group for birth trauma and who does vital work in this area. My hon. Friend the Member for Truro and Falmouth (Cherilyn Mackrory), who sadly could not be here, does incredibly important work as part of the APPG on baby loss. I am glad to see the hon. Member for Strangford (Jim Shannon), who has spoken passionately on the topic since he was first elected.

I will focus my remarks on losing a partner during childbirth. The reason I called the debate is down to Aaron. Aaron was a constituent who came to see me at a constituency surgery in Stapleford with his three-week-old baby Tim in his arms. Tim’s mother Bernadette tragically passed away in childbirth. As I have stated previously, Bernadette would no doubt have been the most loving and dedicated mother, who also had ambitious plans for continuing a long career in the NHS. She is missed tremendously by her loved ones.

Aaron brought to my attention the fact that there are circumstances in the event of the death of a child’s parent during childbirth in which the surviving partner is not entitled to parental leave. Aaron found himself in the agonising position of losing a loved one and having to raise a new-born child alone. That situation was made worse when he realised he did not qualify for shared parental leave and pay. Aaron was fortunate in that he worked for an incredibly understanding employer, who allowed Aaron the leave and pay he required to look after Tim. Others may not be so lucky.

It must be entrenched in law that people can have time with their newborn and time to grieve without the fear of unemployment. I previously presented a ten-minute rule Bill on this topic called Shared Parental Leave and Pay (Bereavement) Bill to try to make a vital change to the law. Unfortunately, I was unlucky in the private Member’s Bill ballot, but I am delighted that, after he was successful in the ballot, my hon. Friend the Member for Ogmore (Chris Elmore) has presented a private Member’s Bill that would create that change. I am incredibly grateful to him for doing so, and I look forward to following and supporting the Bill as it progresses.

This truly is a non-partisan issue, and I have been incredibly grateful since starting my campaign on this topic to have had support from hon. Members across all major political parties. It is incredibly important to state that although this is not an issue that affects thousands of people across the country, for those it does affect the consequences are huge. Changing the law to ensure that leave and pay are available to those who find themselves in situations such as Aaron’s will ensure that no other parent is faced in the devastating position of having to raise a child while grieving and doing so in the shadow of avoidable job insecurity.

In cases such as these, the people whom shared parental leave was created to help are often the ones who are missing out. When faced with this life-altering set of circumstances, Aaron was confronted with having to cope with the challenges of being a new parent and the prospect of job insecurity, all in the midst of extraordinary grief. That is more than most of us could handle.

Parental leave in the UK is something we should be proud of. Since the Employment Rights Act 1996 and the Maternity and Parental Leave etc. Regulations 1999, entitlement and access to maternity leave and pay have existed. On a similar note, entitlement to paternity or shared parental leave, though more limited, is fairly straightforward to access. However, a small change can close the existing gap. Shared parental leave was established in 2015. When it was introduced, the Government stated that it had been created in order

“to move away from the current old-fashioned and inflexible arrangements and create a new more equal system, which allows both parents to keep a strong link to their workplace.”

Shared parental leave was introduced to allow parents access to their workplace and their family. Now that is precisely what is being prevented in cases such as Aaron’s. In such cases, it seems that the people shared parental leave was created to help are the ones missing out. When faced with this life-altering set of circumstances, Aaron was confronted with having to cope with the challenges of being a new parent and the prospect of new job insecurity, all while in the midst of extraordinary grief. That is more than many of us could handle.

Changing the law around shared parental leave in cases of bereavement is not contentious. It simply seeks to allow individuals the right, due to circumstances beyond their control, to take leave and be with their child.

[Chris Elmore (Ogmore) (Lab)]

Thank you, Mr Sharma, for allowing me to speak; I apologise for being late. The hon. Gentleman has said several times that this is cross-party. It is not a political issue; it is basically one of conscience. Allowing such a change does not impact thousands of people. I hope that in the course of the passage of my private Member’s Bill we can work constructively.

If he will allow me, I would say to the Minister that he and I have worked together on many issues during my time in this House. I genuinely hope we can come to a position where the Bill can be passed and bring about this change, not just for Aaron and his family but for those who will sadly follow him in those circumstances. I hope we can do that in the cross-party process, and that the Minister would agree.

[Darren Henry]

I thank the hon. Gentleman for his intervention, with which I certainly agree. As I mentioned, he has campaigned a long time for something similar to be done. I am glad he is taking this issue on board, which is truly cross-party. All major political parties signed my Shared Parental Leave and Pay (Bereavement) Bill. I thank him for his intervention and agree with him on that point.

The businesses that employ individuals in such circumstances are being negatively impacted. That is a topic I have heard raised as a concern. I believe some may have trepidation that such a change in law could cripple small businesses, which cannot afford that type of leave. To that point, I would say that an incredibly small number of people and businesses would be affected. It is not an issue that affects thousands.

Furthermore, if such leave is not allowed, those businesses could be faced with losing their valued employee—a situation that I am sure many would seek to avoid. I hope the effect that a change would have on businesses would be small in comparison with the benefit gained by the individual receiving leave and pay.

To be eligible for shared parental leave and statutory shared parental pay currently in the UK, both parents must share responsibility for the child at birth and meet work and pay criteria. Those are different depending on which parent wants to use the shared parental leave and pay. For the mother’s partner to take shared parental leave and pay, the mother must have been working for at least 26 weeks of the 66 weeks before the week the baby is due—the 26 weeks do not have to be in a row—and in addition, to have earned at least £390 in total across any 13 of the 66 weeks. The mother’s partner must have been employed continuously by the same employer for at least 26 weeks by the end of the 15th week before the due date, and stay with the same employer until they start their shared parental leave.

Practically speaking, a surviving partner could be entitled to take shared parental leave, but they would need to meet the criteria I have just mentioned. Aaron did not. That means that under the current requirements many will not qualify for shared parental leave and pay. I am determined that we introduce a day-one right for a parent to access both leave and pay in the circumstance of losing their partner in childbirth.

As a father, I know that being a parent to a newborn is a huge undertaking at the best of times. I cannot imagine being in that position while facing the fact that your partner has died in childbirth. I desperately want to ensure that people like Aaron are never in the position of being without support. I truly hope that no one has to find themselves in the same position as Aaron, who was unable to share the beginning of Tim’s life with his loving wife. However, a change in the law would mean that those who do would not be without the law behind them.

I thank those who have come here to speak on the issue. I look forward to hearing everyone’s contributions.