Amended Paternity Leave Regulations Published

Laura Kearsley

Last summer, the Government announced proposals to amend paternity rights in England and Wales. Now the Government has published draft Paternity Leave (Amendment) Regulations 2024 which are expected to come into force in March 2024.

The Regulations will change the way statutory paternity leave is taken, including the requirements relating to notice and evidence as well as when the paternity leave must be taken, and the requirement that paternity leave be taken as one continuous period.

What changes are being implemented under the Paternity Leave Regulations 2024?

  • Employees will be entitled to take their two-week paternity leave as two separate one-week blocks (as opposed to choosing between just one week or two consecutive weeks)
  • Employees will be able to take paternity leave at any time during the 52 weeks after birth (as opposed to having to take time off in the 56 days after birth)
  • Employees will have to give 28 days’ notice for when they choose to take leave (compared to the previous position that required notice to be given at least 15 weeks before the Expected Week of Childbirth).

The Regulations will apply to expecting parents where the Expected Week of Childbirth is either on or after 6 April 2024, it will also apply to children whose expected date of placement for adoption or expected date of entering the UK for adoption is on or after 6 April 2024. The proposed changes will coincide with the introduction of other family-friendly legal rights such as:

  • The introduction of carer’s leave
  • Adjustments to flexible working rights
  • Extending redundancy protection to include pregnancy, and a set time after maternity, shared parental, and adoption leave

What does this mean for employers?

Employers are advised to review their policies, processes, and standard documentation and implement any updates needed. They also need to be prepared for requests for leave to be at shorter notice than previously.

How can we help?

Laura Kearsley is a Partner in our expert Employment Law team. Laura has a strong reputation in all aspects of employment law, including Employment Tribunal litigation, discipline and grievance issues, and unfair and constructive unfair dismissal claims, and has particular experience in developing HR support services for businesses.

If you would like any advice concerning the subjects discussed in this article, please contact Laura or another member of the team in DerbyLeicester or Nottingham on 0800 024 1976 or via our online form.

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