The rules regarding notification will be set out in the forthcoming regulations. However, by way of indication, we expect that that new rules will largely correspond with those applicable in Great Britain. In order to take parental bereavement leave in Great Britain, employees must give the employer notification of:

• the date of child’s death.
• the date on which the employee chooses leave to start.
• whether the employee intends that period to be one or two weeks.

The length of notice an employee must give to the employer depends on how long after the child's death the leave is due to start. For leave starting within the first 56 days (eight weeks) starting with the date of death, the notice period is minimal. The employee must notify the employer before the time they are due to start work on the day they want leave to start. If this is not practicable, the employee must notify the employer as soon as reasonably practicable.  To take leave in weeks 9 to 56 after the child's death, the employee must give at least seven days' notice of their intention to take parental bereavement leave.

Under the rules in Great Britain (by way of indication), an employee must also give notice to their employer in order to obtain statutory parental bereavement pay specifying the week or weeks in respect of which statutory pay is being claimed. The employee must give the notice either before the start of the pay period, or no more than 28 days after the first day of the period. If it was not reasonably practicable to give it in that time it can be given as soon as reasonably practicable thereafter.

Some employees will be entitled to parental bereavement leave (this is a “day one” right) but not parental bereavement pay (for example, if they do not have the qualifying service for the statutory pay).