Additional protection for parents and carers
26 May 2023
It has recently announced that three Acts relating to new family friendly rights have now received Royal Assent.
Once in force it is thought that the new laws will increase and develop work participation and protect vulnerable workers.
It is understood that the Government will look to lay down secondary legislation and provide implementation dates in due course.
The Neonatal Care (Leave and Pay) Act 2023
This Act allows eligible employees to take up to 12 weeks of paid leave when their child requires medical or palliative care following birth (and up to 28 days old) and who is admitted for at least 7 days.
This leave is in addition to other entitlements such as maternity or shared parental leave. We understand for mothers’ leave will be added to the end of maternity leave, and for fathers/partners eligible for paternity leave, it will be taken at the end of paternity leave.
Employees with at least 26 weeks service will be eligible for neonatal Pay and we expect that this will mirror statutory maternity/paternity pay.
Employees on neonatal care leave will have similar rights and protections to those requesting other family-related leave.
The Carer’s Leave Act 2023
The Act will create a new statutory entitlement for employees who are responsible for long term care of a dependant to take up to one week’s unpaid leave per year in increments of half-days or individual days. This will enable carers to better balance their responsibilities of work and care whilst supporting their current employment.
Carers Leave will be available as a ‘day one’ right and the ‘dependant’ must meet the specific definition contained in the Act.
Employees will not be required to provide evidence in relation to any request for carer’s leave however they will be required to give notice of intention to take leave which is twice the length of any leave being requested plus one day. Employers should note that a leave request may not be denied but may be postponed where they consider the operation of the business to be ‘unduly disrupted’.
The Protection from Redundancy (Pregnancy and Family Leave) Act 2023
Currently only employees on maternity leave, shared parental leave or adoption leave have the benefit of what is often called ‘additional redundancy protection’ which means that if their role is at risk of redundancy, they must be offered a suitable alternative vacancy where one exists – essentially, they have priority over everyone else.
Under the Act this protection will now include pregnant women and new parents. It will begin when the employee discloses the fact that they are pregnant and will continue until 18 months after birth.
It will provide new and expectant or returning parents priority over colleagues for suitable alternative positions when faced with job cuts. Failure to do so may result in the employee’s redundancy being automatically unfair.
Contact a member of our employment team for more advice here. Find out about employment training here.
