Changes to Leave Requirements

Over the next week we will providing you with a series of short blogs on the key employment law changes that are being introduced at the beginning of next month. This blog will specifically focus on the changes to law in relation to carers leave and paternity leave that are due to come into force on the 6^th April 2024.  This is the second blog in our series, please find the first blog on the upcoming changes to Flexible Working here.

Carers leave

On the 6^th April 2024, employees will have a statutory right to a week’s unpaid leave per year to care for a dependant. This right is contained within the The Carer’s Leave Regulations 2024. The regulations entitle employees in England, Wales and Scotland up to a week of unpaid leave each year to look after someone who relies on them because they are ill, have an injury, are disabled or have care needs because of their age.

If an employee is eligible to take carer’s leave they must give written notice. The notice should be twice as long as the number of days requested, or three days if the leave is longer, but employers can waive this requirement if they wish. It is important to note that employers will be able to postpone a request for carer’s leave if the operation of the business was to be unduly disrupted during the period of time the leave is requested for.

If this is the case, the employer must give notice of the postponement before the leave is due to begin and explain the reasoning behind the postponement. The employer must then allow the leave to be taken within one month of the start date of the leave originally requested and the employer should consult the employee about rescheduling the leave.

There are protections that apply to employees who are entitled this leave. These protections are against detriment and dismissal because they take or seek to take carer’s leave or the employer believes they are likely to do so.  It is worth noting that employees who suffer a detriment because an employer considers that they might be likely to take carer’s leave could also be protected under the Equality Act 2010 from discrimination by association.

In light of the changes due to take effect on the 6^th April, it is important for Businesses to consider reviewing their policies and ensure that the new changes noted above will be reflected into their policies dealing with dependant leave. It may also be helpful to offer training on carer’s leave entitlements to line managers to ensure it is implemented appropriately “on the ground”.

Paternity leave

In addition, as of 6^th April 2024, paternity leave will be changing to reflect a shifting attitude towards work-life balance and gender equality. The Paternity Leave (Amendment) Regulations 2024 are due to be implemented and will apply where the expected week of childbirth is on or after the 6^th April 2024. These regulations include the following changes:

• Employees will be able split their two week block of paternity leave entitlement and take it as two separate weeks;
• Employees will be able to take this leave anytime within the year of birth rather than having to take leave in the 56 days following birth or adoption of their child;

• Rather than the current 15-week notice period before the expected week of childbirth or adoption, employees will only need to give 28 days’ notice (4 weeks);
• Any dates specified for leave to be taken can be changed as long as an employer is given at least 28 days’ notice. This is instead of just a change in the start date to reflect the other changes.

The landscape of parental leave rights is evolving. These changes mark a significant step forward in shared responsibilities in the workforce and at home. In light of these changes, it is important that companies are aware of the changes that will be coming into force. This may also be something that managers may want to keep an eye on so that paternity leave can be scheduled and managed in an effective manner.

If your organisation needs assistance with employment matters in the workplace and you would like to discuss how our experienced Employment team can help you, call us now on 0141 221 1919