During 2023, seven Private Members’ Bills, supported by the Government, were granted Royal Assent resulting in the introduction of the following family friendly rights from 6 April this year.
Carer’s leave
Carers will have an entitlement, from the first day of their employment, to take up to one week’s unpaid leave each year (in full or half days) to provide or arrange care for a dependant who has a long-term care need. This right will extend to dependants with issues arising from old age, disability and physical or mental illnesses or injuries that mean they require (or are likely to require) care for more than three months.
Specific rules govern the notice that a carer must give to take carer’s leave, as well as the ability of an employer to postpone a request in limited circumstances if their business will be unduly disrupted.
Protection from redundancy
Protection from redundancy will be extended to employees who are on maternity leave, adoption leave or shared parental leave.
A pregnant woman will have the right to be offered suitable alternative vacancies in a redundancy situation from the point at which she notifies her employer (whether orally or in writing) that she is pregnant. This protection will continue for a period of 18 months from the first day of the estimated week of childbirth.
The same protection applies for a period of 18 months from the date on which an adoption placement occurs and for 18 months from birth if the parent has taken a period of at least six consecutive weeks of shared parental leave.
Flexible working requests
Employees will be able to make two flexible working requests (rather than one) in any 12-month period. When doing so, they will no longer have to identify the possible impact of the change they are seeking and how their employer might deal with this. Employers will have to respond to an employee’s request within two rather than three months and must consult with them before they reject it.
Most importantly, the right to request flexible working will become a ‘day one’ right, which means that an employee will no longer need to have 26 weeks’ service to seek flexibility.
Recent paternity leave reforms
Changes to paternity rights relating to children who are due to be born or placed for adoption on or after 6 April 2024 have recently been published by the Government. From April, employees will be able to take their two weeks’ statutory paternity leave in two separate blocks of one week rather than a single block of two consecutive weeks. They will also be able to elect to take their leave at any point during the first year, rather than the first eight weeks, following birth or adoption. In addition, the notice that an employee is required to give will be reduced to a minimum of 28 days before the period of leave begins rather than 15 weeks before the estimated week of childbirth.
Neonatal care leave and pay
During 2025, legislation is likely to be introduced entitling employees to up to 12 weeks’ statutory neonatal care leave if their baby requires specialist neonatal care following birth. Whilst this is a ‘day one’ right, those employees with 26 weeks’ continuous service will also be entitled to statutory neonatal care pay.
Key Contacts
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at January 2024.