What’s new in employment law?
In the past few years there has been an emphasis on work/life balance, especially with the rise of home working. Several recent legal developments have extended family friendly rights to further balance commitments at work and at home. This article summarises these developments.
The Paternity Leave (Amendment) Regulations 2024
The Regulations will apply where the expected week of childbirth is on or after 6 April 2024 and will hopefully afford more flexibility to employees who are entitled to paternity leave.
Previously an employee would have to choose between taking one week or two consecutive weeks paternity leave, however under the new Regulations, an employee will be able to take two separate one-week blocks if they wish. The leave can be taken at any time during the 52 weeks after birth, rather than the current period of 56 days following birth.
Whereas previously an employee was required to give notice of the intention to take paternity leave at least 15 weeks before the expected week of childbirth, this period has been reduced so that only 28 days’ notice will be required.
The Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024
Currently employees on maternity, adoption or shared parental leave must be offered a suitable employment vacancy where one exists in a redundancy situation.
The 2024 Regulations will extend this protection for employees on maternity leave to include both the employee’s pregnancy and a period of 18 months from the expected week of childbirth. Where the employee gives notice of the exact date of birth before their maternity leave ends, the 18-month period will start from the date of birth.
The extended protected period will apply where the employer is informed of the pregnancy on, or after, 6 April 2024.
For adoption leave, the protected period will extend to 18 months from the placement for adoption.
For shared parental leave, the protected period will be 18 months from the birth if the parent has taken at least six consecutive weeks of shared parental leave.
The Carer’s Leave Regulations 2024
With effect from 6 April 2024, employees will have a statutory day one right to take one week of unpaid carer’s leave in any 12-month period. This will apply to any employee with a dependant (a child, a spouse or civil partner, a parent or anyone who lives in the same household and is not a tenant or lodger) who has long term care needs and will allow employees to provide or arrange care for that dependant. This leave can be taken consecutively, non-consecutively or in half or full days.
An employee will need to give notice to their employer and provide at least twice the amount of notice as the amount of leave requested or three days’ notice, whichever is longer.
An employer cannot refuse a request for carer’s leave but is allowed to postpone a request if the operation of the business would be unduly disrupted if the leave was approved. However, they must give written notice of the postponement before the leave is due to begin and provide reasons. The employer must also ensure that the leave can be taken at another time within one month of the start of the leave originally requested. The employer should consult with the employee to determine new leave dates. An employee is protected from being dismissed or subjected to a detriment because they have taken, sought to take, or the employer believes they were likely to take carer’s leave.
Flexible Working (Amendment) Regulations 2023
The Regulations will introduce a day one right to make a request for flexible working in respect of requests made on or after 6 April 2024. This means that an employee will no longer need to have 26 weeks’ service to make a request for flexible working. It is important to note that the right is only a right to make a request for flexible working, rather than a right to flexible working. An employee will be able to make two requests within a 12-month period (an increase from one request) and the timeframe within which an employer must make a decision has been reduced from three months to two months from the date the application is made. Finally, the employer must also consult with the employee before making a decision.
Neonatal Care (Leave and Pay) Act 2023
The Neonatal Care (Leave and Pay) Act received Royal Assent on 24 May 2023 and when it comes into force (which is expected to be in April 2025) will give employees a day one right to take up to 12 weeks leave for neonatal care (medical or palliative care for a premature or sick baby). To receive paid leave, the employee must have been employed for at least 26 weeks prior to making their request and have earnings on average of at least £123 a week. The right will only apply where neonatal care is required within the first 28 days of the baby’s life and the leave must be taken within the first 68 weeks of the baby’s birth.