Part of the debate – in the House of Commons at 3:27 pm on 3 March 2020.
I thank all hon. Members for their consideration of these SIs and for their valuable contributions to the debate. I hope that Members on both sides of the House can agree that they are essential to ensure that no employed parent faces the prospect of returning to work too soon after the tragic loss of a child, should they need time away to grieve.
We are giving parents an important choice through the SIs, allowing them to decide what is best for their needs. They might otherwise have been reliant on the good will of their employer—as we have heard, it has not always been the case that employers have shown that goodwill. The provisions in the SIs strike the right balance between the needs of bereaved parents and those of their employers, who will administer the new entitlement.
My right hon. Friend Sir Desmond Swayne, who is no longer in his seat, withdrew his question, but it is important that people listening understand what we are doing for adoptive parents. He asked why someone who had applied for an adoption order but had their application rejected would not qualify. The grief experienced by an individual in such circumstances would affect them greatly, and an adoptive parent would qualify from the point at which the child was placed with them for adoption, irrespective of whether the application was rejected, if the child had been living with them for four weeks or more and had been cared for by them during that time. The four weeks is important because it covers other definitions as well so as to be as inclusive as possible.
Rachael Maskell asked about inequalities between different types of worker. The Government understand the challenges that the self-employed and other non-employees face following bereavement. These challenges are different from those faced by employed parents but clearly no less demanding. The parental leave and pay policy focuses on support for employed parents, as they have less autonomy and flexibility over the time they can take off work, but we continue to keep the differences in treatment between self-employed and employed people under review with respect to parental leave and pay. As she also mentioned, with the employment Bill coming up, we will soon be talking about wider issues relating to the different statuses of employment and working.
The hon. Lady asked about day one provisions for pay. The regulations seek to mirror the existing regime of parental statutory pay entitlements to ensure that the new entitlement is familiar to both employees and employers from day one. The provision is a statutory minimum, as we have heard; we would expect employers to go further whenever they can.