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Government tweaks statutory paternity leave provisions

As we anticipate some flurries of snow this week, so the flurry of employment-related legislation continues! This latest offering, draft Paternity Leave (Amendment) Regulations 2024, important but not ground breaking, outlines tweaks to the statutory paternity leave provisions. That said, the tweaks will warrant changes to handbooks/policies so some actions are required.

Headline changes 

Where the expected week of birth or expected date of placement for adoption (or entry into the UK for adoption is after 6th April 2024, fathers and partners (who qualify for paternity leave) will be permitted the following;

  • to take their two week paternity leave in two one week blocks - previously could only be taken in one block 
  • to take their leave at any point within a year of the birth of the baby or adoption of the child - previously only within first 8 weeks
  • provide only 4 weeks' notice of their intention to take paternity leave - previously notification was required 15 weeks before the expected week of childbirth*
  • vary dates of leave provided they have given 28 days' notice 

* in domestic adoption cases, the notice period remains within 7 days of the adopter receiving notice of being matched with a child given the unpredictability of the adoption process. 

Action points 

Amend your policies 

If you provide statutory paternity leave only, you will need to update your provisions in your handbook and policy.  If you provide more generous contractual paternity leave and pay, assess whether this impacts that provision and whether you want to update these to reflect these changes.

Inform your staff and managers

Ensure that employees are aware of these changes - the Government hasn't given employers much time to catch up so it's important that all employees are aware of the change and managers will not reject requests that are now in accordance with amended provisions for babies born or adopted after 6th April 2024.  

Kill two birds….

As those of you who receive our blogs will know, there are various changes and updates to other statutory leave policies as from April 2024 (read our blog). You may want to consider how best to make and communicate these changes as a package rather than as piecemeal changes and announcements for staff.  

Please contact our team if you would like advice with redrafting, communicating or advice on the provisions.  

Tags

paternity leave, adoption leave, statutory leave, family friendly, contracts of employment, employment, charities, education, health and social care, housing, local government, social business