Updated: 5th March 2024
Updated: 5th March 2024
The Paternity Leave (Amendment) Regulations 2024 (“the Regulations”), which make changes to how statutory entitlement to paternity leave can be exercised, are set to come into force on 8 March 2024.
It is important to note that these changes will only apply to children whose expected week of childbirth is after 6 April 2024 or whose expected date of placement for adoption or expected date of entry into Great Britain for adoption is on or after 6 April 2024.
Therefore, with effect from 6 April 2024:
Given the flexibility introduced by the Regulations, employers will need to take extra care to ensure that paternity leave entitlements are being taken and compensated correctly.
In addition, from 6 April 2024, the following changes to other family friendly rights will also come into effect.
The Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024 (“MASL Regulations”) extend the period of time during which an employer is required to offer an employee a suitable alternative vacancy in a redundancy situation. The extended protected period is as follows:
The protected period will begin once the employee notifies their employer that they are pregnant and will end either on the day that statutory maternity leave starts or two weeks after the end of the pregnancy (if they are not entitled to statutory maternity leave).
The protected period begins on the last day of the employee’s statutory maternity leave period and ends 18 months after the expected week of childbirth or, where the employee has informed the employer of the actual date of childbirth, the protected period will end 18 months after that date.
The protected period begins the day after the employee’s statutory adoption leave finishes and ends 18 months after the child’s placement or the child’s entry into Great Britain.
For those taking six or more consecutive weeks of shared parental leave but who have not taken maternity or adoption leave, the additional protected period starts after the six consecutive weeks and ends 18 months after the date of the child’s birth or placement (or date they enter Great Britain).
Following the implementation of the Carer’s Leave Regulations 2024, from 6 April 2024, employees who have a dependant with long-term care needs will be entitled to a period of unpaid carer’s leave. The minimum period of carer’s leave that can be requested is half a working day and the maximum period that can be requested is one continuous week in any one year.
Employees are not required to take carer’s leave on consecutive days and the Regulations set down rules for calculating the length of a week’s leave for the purposes of carer’s leave, along with the notice requirements an employee needs to give to their employer. The Regulations also contain additional rules regarding the employer’s ability to postpone carer’s leave.
The Employment Relations (Flexible Working) Act 2023 and Flexible Working (Amendment) Regulations 2023, will introduce a number of procedural changes to the right to request flexible working and remove the requirement for an employee to have at least 26 continuous weeks’ service before being eligible to submit a flexible working request. The procedural changes include: employees will be entitled to make two flexible working requests in any 12 month period; employees will no longer be required to suggest how an employer might deal with any negative effects of granting the request; the employer’s timeframe to respond to a flexible working request will be reduced from 3 months to 2 months; and the employer will be required to consult with an employee if it is planning to reject the request.
Employers will need to ensure that existing policies on paternity leave, maternity leave, adoption leave, shared parental leave, redundancy, and flexible working are updated to reflect these legislative changes. Employers may also want to introduce a Carer’s Leave Policy outlining the new statutory entitlements. Employees should be informed of these changes and HR departments should be given appropriate training.
Danielle works on a variety of matters including settlement agreements, reviewing policies and procedures and drafting training materials. Danielle also offers assistance with the defence of Employment Tribunal claims and business immigration matters.
Our experienced employment solicitors offer comprehensive employment law services across multiple offices, providing tailored advice for both routine and complex matters. With expertise across various sectors, including education and food and beverages, we help businesses navigate the intricacies of employment law, no matter their size or industry.