- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Statutory Parental Bereavement Pay (General) Regulations 2020 No. 233
12.—(1) A week is to be treated for the purposes of section 171ZZ6 of the 1992 Act as part of a period of continuous employment with the employer even though no contract of service exists with that employer in respect of that week in the circumstances mentioned in paragraph (2) and subject to paragraphs (3) and (4).
(2) The circumstances mentioned in paragraph (1) are that in any week the person is, for the whole or part of the week—
(a)incapable of work in consequence of sickness or injury,
(b)absent from work on account of a temporary cessation of work, or
(c)absent from work in circumstances such that, by arrangement or custom, that person is regarded as continuing in the employment of their employer for all or any purposes,
and returns to work for their employer after the incapacity for or absence from work.
(3) Incapacity for work which lasts for more than 26 consecutive weeks shall not count for the purposes of paragraph (2)(a).
(4) Where a person—
(a)is an employee in employed earner’s employment in which the custom is for the employer—
(i)to offer work for a fixed period of not more than 26 consecutive weeks,
(ii)to offer work for such period on two or more occasions in a year for periods which do not overlap, and
(iii)to offer the work available to those persons who had worked for the employer during the last or a recent such period, but
(b)is absent from work because of incapacity arising from some specific disease or bodily or mental disablement,
then in that case paragraph (2) shall apply as if the words “and returns to work for their employer after the incapacity for or absence from work” were omitted.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Draft Explanatory Memorandum sets out a brief statement of the purpose of a Draft Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: