Shared Parental Leave and Pay (Bereavement)

This Bill is not contentious. It simply seeks to allow individuals the right, under circumstances beyond their control, to take leave and be with their child. As I have mentioned, it would affect not a vast amount of our population, but a small number in our society who need the help of the Government and their employers.

Aaron brought it to my attention 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. To be eligible for shared parental leave and statutory shared parental pay, both parents must share responsibility for the child at birth and meet work and pay criteria. As the law stands, for the mother’s partner to take shared parental leave and shared parental pay, the mother must have been working for at least 26 weeks of the 66 weeks before the baby is due, and must have earned at least £390 in total across any 30 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. They must also 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 not meet the criteria I have just mentioned. Aaron did not. That means that, under this requirement, many will not qualify for shared parental leave and pay. This Bill seeks to correct that. It seeks a day-one right for a parent to access both leave and pay. It seeks to ensure that employees who have to raise a child following the death of their partner will not be left without support. 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 your partner has died during birth. I want to ensure that people such as Aaron are never in the position of being without support.

I now come to why this Bill is needed. I truly hope that no one finds themself in the position that Aaron found himself in, unable to share the beginning of Tim’s life with his loving wife. The aim of this Bill is to ensure that people facing that situation do not find themselves without the law behind them.

I thank all hon. Members who have supported the Bill. I have received overwhelming cross-party support on the issue. The Bill is not party political; it seeks to make a real impact to those in our society who find themselves in tragic circumstances through no fault of their own. As well as receiving support from colleagues, I have received a statement of concern from the Prime Minister. I have also had meetings with the Department for Business, Energy and Industrial Strategy, including with the Under-Secretary of State—my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake), who is in his place on the Front Bench—to discuss these much-needed changes.

My last thanks go to Aaron. While he was dealing with all the hardship that I have set out, he was thinking not about himself, but about how to ensure that no one else finds themselves in his position. He is a truly selfless individual. I put on record my awe at the bravery and resilience that he has shown and continues to show.

There is a gap in our law that means that parents and guardians face impossible circumstances. That gap must be closed. It is the responsibility of all of us to ensure that the tragic circumstances of losing a loved one and raising a child alone are made that tiny bit easier, and that employment is one thing that need not cause further turmoil. I ask, with much hope, that due consideration be given to passing the Bill. The change it would make may seem small, but its impact on the life of an individual could be incalculable.

That Darren Henry, Jim Shannon, Tracey Crouch, Sally-Ann Hart, Brendan Clarke-Smith, Philip Dunne, Wera Hobhouse, Mrs Pauline Latham, Tom Randall, Stella Creasy, Dr Philippa Whitford and Sarah Champion present the Bill.

Darren Henry accordingly presented the Bill.