Statutory paternity and unpaid parental leave will become day one rights
Paternity leave and unpaid parental leave will become day one rights and the current restriction on taking paternity leave after shared parental leave will be removed.
Implementation Status (November 2024)
Part of the Employment Rights Bill.
Regulations will be required to amend existing statutory regulation and implement the reforms.
"The majority of reforms will take effect no earlier than 2026".
In "due course" the government will review the parental leave system as a whole and carer's leave; this review has been earmarked under the government's "longer term" delivery. However, we can expect a review to commence earlier (anticipated 2025).
- Action
Managers will need to be made aware of and receive training on the changes, including managing a potentially larger number of leave requests, particularly in relation to unpaid parental leave around peak times e.g. school summer holidays. Policies and procedures will need to be amended.
Employers should follow the review on parental leave and carers leave closely to see how closely their current policies align and anticipate where future changes may be needed.
Employers may wish to consider now how they can support kinship carers, particularly with an older workforce who may be grandparents or other relatives/carers supporting young people. It has been indicated that this may form part of the government's wider review of the parental leave system.
- In detail
Paternity leave will become a day one right. At present employees must have one year's service.
Unpaid parental leave will become a day one right. At present employees must have one year's service.
The government plans to conduct a review of parental leave to ensure that it offers the best possible support to working families. It will also review the implementation of carer's leave and consider whether there is a need to change the current approach, together with the benefits of introducing paid carer's leave.
The government has indicated that kinship carers (who care for children who cannot live with their parents) will be included in the review of the parental leave system.
- Impact
At present, only employees with one year's service, have a right to take unpaid parental leave per year of up to four weeks per year (subject to maximum of 18 weeks in total) in respect of children under the age of 18.
To take two weeks' statutory paternity leave, employees need 26 weeks' service, ending with the week immediately before the 14th week before the expected week of childbirth (or the week in which an adopter is notified of a match).
Where an employee is entitled to both paternity leave and pay and shared parental leave and pay, the paternity leave and pay must be taken before the shared parental leave and pay (otherwise their entitlement to paternity leave and pay is lost).
The government wishes to align paternity leave with other family leave entitlements (such as maternity and adoption leave); "simplifying" the system and facilitating "better employer and employee understanding of parental rights", as well as ensuring that these factors do not restrict job mobility. Removing the restriction for paternity leave to be taken before shared parental leave will also provide greater flexibility for employees to take advantage of the different types of leave available.
The qualifying service requirements for statutory pay in respect of leave will remain.
Statutory right to unpaid bereavement leave
A new statutory right to unpaid bereavement leave will be introduced.
Implementation Status (November 2024)
Part of the Employment Rights Bill.
There will be consultation on regulations to provide the detail on unpaid bereavement leave.
"The majority of reforms will take effect no earlier than 2026".
- Action
This new bereavement leave right will need to be considered in light of any existing compassionate leave policy. A new policy may need to be drawn up or existing policies amended.
Managers should be trained to ensure they are aware of the new right and how it sits with any existing compassionate leave policy and the existing statutory leave for bereaved parents of a child.
- In detail
Employees will have a new statutory right to unpaid bereavement leave. Regulations will specify the qualifying relationships, the minimum period of leave (at least one week), and also the period in which the leave must be taken (which must extend to at least 56 days after the person's death). This will be a day one right.
Parents will still be able to rely instead on the existing statutory right to two weeks paid parental bereavement leave following the death of a child under 18 or a still birth.
The existing protections on the employee's right not to be subjected to a detriment or dismissal for reasons relating to taking statutory bereavement leave on the death of a child will be extended to this wider right.
- Impact
Employees currently have a day one right to take two weeks' bereavement leave if a child under the age of 18 dies (and those with 26 weeks service, ending with the week before the child died, are also entitled to receive statutory parental bereavement pay). Employees taking parental bereavement leave are also protected from detriment and dismissal. However, there is no general right to take bereavement leave outside of this (for example, when a spouse, parent or sibling dies), unless an employer operates its own compassionate leave policy.
There is an existing statutory right to "reasonable" unpaid time off for dependants but, while this would cover an immediate emergency following death, it "does not permit a person to take time off to grieve or recover from the mental impact of their bereavement". Annual leave is also not always available
It is suggested that utilisation of this new statutory right may be low given that it is unpaid and, under the government's proposals, bereaved employees who are signed off sick will be entitled to statutory sick pay from day one of absence.
