Employment
(Amendment No. 14) (Jersey)
Law 2023
Adopted
by the States 3rd October 2023
Sanctioned
by Order of His Majesty in Council 13th December 2023
Registered by the Royal Court 22nd December 2023
Coming into force in accordance with Article 10
THE STATES, subject to the sanction of His Most
Excellent Majesty in Council, have adopted the following Law –
1 Part 5A of the Employment (Jersey) Law 2003 (parental rights) amended
Articles 2 to 7 of this
Law amend Part 5A of the Employment
(Jersey) Law 2003.
2 Article 55A (interpretation) amended
In Article 55A(1) –
(a) after the definition
“paid parental leave period” there is inserted –
“ “parental
bereavement leave” means the leave to which a person is entitled under
Article 55HA;”;
(b) for the definition
“partner” there is substituted –
“ “partner”
means –
(a) in the case of parental
leave, a person (whether of a different sex or the same sex) who lives with the
mother or adopter and the child in an enduring family relationship but is not
the mother’s or adopter’s relative;
(b) in the case of parental
bereavement leave, a person (whether of a different sex or the same sex) who
lives with a parent, adopter or surrogate parent and the child in an enduring
family relationship but is not the parent’s or adopter’s or surrogate’s
relative;”;
(c) after the definition
“registered nurse” there is inserted –
“ “relative”,
in relation to a parent, adopter or surrogate parent means their parent,
grandparent, sister, brother, aunt or uncle;”.
3 Article 55HA inserted
After Article 55H there is inserted –
“55HA Parental
bereavement leave
(1) The
following employees are entitled to 2 weeks’ unpaid leave (“parental
bereavement leave”), from the date of death of a child (or, in the case of a
child that is stillborn after 24 weeks of pregnancy, the date of the
child’s birth) up to and including 56 weeks after the death or birth –
(a) the mother of the child;
(b) the father of the child;
(c) an adopter of the child;
or
(d) a surrogate parent of the
child; or
(e) a person who is married
to, or the civil partner or partner of, a person mentioned in any of
sub-paragraphs (a) to (d), if that person had, or expected to have,
responsibility for the upbringing of the child.
(2) Parental
bereavement leave may be taken without notice and may be taken in no more than
3 separate periods of any amount of time.
(3) Parental
bereavement leave applies in the case of any employer who employed the employee
on the day the entitlement accrues.
(4) But
if the employee changes employer during the period in which the entitlement to
the leave remains, the employee may still take the balance of the leave during
the period of entitlement.
(5) Entitlement
to parental bereavement leave does not affect any right to parental leave or
additional contractual entitlement to leave following the birth or adoption of
a child.”.
4 Article 55I (application of terms and
conditions during unpaid parental leave) amended
In Article 55I –
(a) at the end of the heading
there is inserted “or parental bereavement leave”;
(b) in paragraph (1) after
“parental leave” where first occurring there is inserted “or parental
bereavement leave”;
(c) in paragraphs (2),
(3) and (4)(a) after “parental leave” there is inserted “or parental
bereavement leave”;
(d) for paragraph (4)(b)
there is substituted –
“(b) to a period (other than a
period of parental leave or parental bereavement leave) before the beginning of
a period of the employee’s parental leave or parental bereavement leave, are
not to be treated as remuneration.”.
5 Article 55L (right to return to work
after parental leave) amended
In Article 55L in the heading and in paragraph (1) after
“parental leave” there is inserted “or parental bereavement leave”.
6 Article 55R (contractual rights to
time off for ante-natal and pre-adoption appointments and for parental leave) amended
In Article 55R –
(a) in the heading, after
“parental leave” there is inserted “and parental bereavement leave”;
(b) in paragraph (1)
after “parental leave” there is inserted “or parental bereavement leave”.
7 Article 55S (complaints to Tribunal
for breach of requirement under Part 5A) amended
In Article 55S(4)(c) after “parental leave” (in both places) there is inserted
“or parental bereavement leave”.
8 Consequential
amendments to the Employment (Jersey) Law 2003
(1) This
Article amends the Employment
(Jersey) Law 2003.
(2) In
Article 31 (right not to suffer detriment), in paragraph (3)(c) (vi) after
“parental leave” there is inserted “or parental bereavement leave”.
(3) In
Article 67 (dismissal for family or other reasons) in paragraph (1)(f)
after “parental leave” there is inserted “or parental bereavement leave”.
(4) in
Article 71 (replacements), in paragraph (2)(a) after “parental leave”
there is inserted “or parental bereavement leave”.
9 Public Employees (Pension
Scheme) (Membership and Benefits) (Jersey) Regulations 2015 amended
(1) This
Article amends the Public
Employees (Pension Scheme) (Membership and Benefits) (Jersey) Regulations 2015.
(2) In
Regulation 1 (interpretation), in the definition “child-related leave” –
(a) for “and parental leave”
there is substituted “, “parental leave” and “parental bereavement leave” ”;
(b) after “birth” there is
inserted “, death”.
(3) In
Regulation 16 –
(a) in paragraph (4),
after “child-related leave” there is inserted “other than parental bereavement
leave”;
(b) in paragraph (5) for
“before giving notice” there is substituted “before giving any notice
required”.
10 Citation and commencement
This Law may be cited as
the Employment (Amendment No. 14) (Jersey) Law 2023 and comes into force in
accordance with an Order made by the Minister for Social Security.