New Paternity Laws: The Impact of the Paternity Leave (Amendment) Regulations 2024

14th Feb 2024

Author: Mohammed Balal

The Paternity Leave (Amendment) regulations are currently draft legislation but are expected to come into force on 8^th March 2024.

The proposed paternity amendments will allow fathers and partners the flexibility to split their two weeks of paternity leave into two separate blocks and will extend the period for which a person can take paternity leave to one year after the date of birth or adoption of their child.

In this blog, Mohammed Balal, Employment Law Solicitor at Butcher & Barlow shares his insight on the recent legislative developments.

What are the key changes?

The new paternity laws, which are currently in draft, introduce several significant changes aimed at enhancing support for working parents. The primary adjustment involves an extension of the period over which leave can be taken, allowing eligible employees to take their paternity leave up to a year after the birth or adoption of their child, instead of only in the first eight weeks.

This extension acknowledges the diverse family structures and ensures that all eligible employees, regardless of their circumstances, can benefit from an extended period to support and care for their growing families.

Another key change is that fathers and partners will be able to split their leave and pay into two separate one-week periods, instead of only being able to take it in one block of one or two weeks as is currently the case.

The Regulations also provide revisions to the notification process. Currently, employees must give notice of their leave dates 15 weeks before the birth or adoption which can be difficult. Under the new regulations, notice of the dates need only be given 28 days in advance of the intended leave. However, for domestic adoption cases, the notice period for leave will remain the same.

The father or partner will be allowed to change any of the dates they have provided if they give 28 days’ notice of the variation, enabling them to change planned dates at a later stage to best suit the needs of their families.

 

The new paternity laws are due to come into force on 8 March 2024. They will only apply to children expected to be born after April 6, 2024, and for children expected to be placed for adoption, or arrive in Great Britain for adoption, on or after April 6, 2024.

How will the new regulations impact employees?

Eligible employees now have the opportunity to take their paternity leave over an extended period of one year.

Fathers or partners no longer have to take their statutory paternal leave in one go. Provided they take it during the child’s first year, the leave can now be taken in one-week blocks.

Employees will only need to give 28 days’ notice of their intention to take paternity leave (reduced from the previous position that required notice to be given 15 weeks before the Expected Week of Childbirth (EWC)).

These changes will provide more flexibility to fathers and partners, allowing them to take their bonding time with newborns or newly adopted children at a time that works best for the family.

The changes to paternal leave contribute to a healthier work-life balance, acknowledging the importance of family commitments alongside professional responsibilities. This reflects a positive shift in recognising and valuing the role of fathers and partners in the early stages of a child’s life.

How will the new regulations impact employers?

Employers must ensure they are familiar with and compliant with the updated paternity regulations. It is crucial to review and adjust internal paternity leave policies to reflect the changes, avoiding any potential legal issues. Managers should receive training on the changes and HR software must be updated to prevent any clerical errors inadvertently discriminating against new fathers or partners.

The extended period to take paternity leave necessitates careful workforce planning. Employers should consider how to manage staffing levels during employee absences and explore flexible arrangements to accommodate the needs of both the business and employees.

Embracing the amended regulations contributes to a positive workplace culture. Recognising and supporting employees in their family commitments can enhance employee morale, loyalty, and overall job satisfaction.

How can Butcher & Barlow assist?

Butcher & Barlow can work with Employers to review and update their policies to ensure they are in line with the Regulations. We can assist with amending any necessary documentation, such as leave request forms, to ensure that they reflect the Regulations and advise on how best to communicate these changes to employees.

It is important to remember that Employers must uphold anti-discrimination measures to ensure fair treatment of all employees, regardless of gender or family circumstances. Any discriminatory actions related to paternity leave can lead to legal consequences. Butcher & Barlow can undertake an audit of all the business’s policies and procedures to make sure there can be no inadvertent discrimination.

For further information, questions, or tailored legal advice on how the Regulations impact your specific circumstances, please do not hesitate to contact us. We are here to ensure a smooth transition for all parties involved, fostering a workplace environment that aligns with the evolving needs of the workforce.

To find out more about how we can assist you or your business or to arrange a no-obligation discussion, please get in touch with a member of our team by calling 0161 764 4062.

Alternatively, complete our enquiry form and we will get back to you as soon as possible.